Preview
FILED
9/26/2022 4:11 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-22-06351
BILLD EXCHANGE, LLC § IN THE DISTRICT COURT
Garnishor, §
v. §
§ DALLAS COUNTY
FIRST FINANCIAL BANK, §
NATIONAL ASSOCIATION §
Garnishee. § 1915‘ JUDICIAL DISTRICT
AGREED MOTION TO CORRECT THE AGREED JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Pursuant to Texas Rule of Civil Procedure 329b(g), Garnishee First Financial Bank, N.A.
(“FFB”) and Garnishor Billd Exchange, LLC (“Billd”) file this Motion to Correct the Agreed
Judgment and would show as follows:
I.
By filing this Agreed Motion, Garnishee FFB is not waiving its right to file a Motion for
New Trial or complain on appeal about the errors in this cause including any errors in the Agreed
Judgment rendered on August 25, 2022 (the “Agreed Judgment”). Attached hereto as Exhibit
“A” and incorporate herein by reference is the Agreed Judgment signed August 25, 2022.
II.
FFB and Billd submit that the Agreed Judgment was rendered in error because it fails to
accurately reflect the sums in the accounts held subject to this Garnishment proceeding with
FFB. Following FFB’s execution of the Agreed Judgment, but prior to the Court rendering the
Agreed Judgment, Judgment Debtor Jack Riley Elliot made a claim under Federal Regulation E
(12 C.F.R. § 205.11) and the Electronic Funds Transfer Act (15 U.S.C.A. § 1693f) claiming that a
deposit in the sum of $10,832.53 made into his account ending in 0604, and frozen in this
garnishment proceeding, was an incorrect and unauthorized electronic funds transfer under the
Agreed Motion to Correct the Agreed Judgment Page 1 of 3
Electronic Funds Transfer Act. Pursuant to Regulation E, after an investigation, FFB was
required to return the electronic funds transfer despite the pending garnishment proceeding in
this Cause. The Agreed Judgment was rendered before correction could be made. The Agreed
Judgment inaccurately reflects that FFB is indebted to Judgment Debtor Jack Riley Elliot
(“Judgment Debtor”) in the sum of $13,331.74 and makes an award to Garnishor and FFB based
on the inaccurate representation of funds in Judgment Debtor’s accounts.
Gamishor and Gamishee ask the Court to correct the error in the amount of funds garnished
in the Agreed Judgment to reflect that FFB is actually indebted to Judgment Debtor in the sum of
$2,464.42 and award to Gamishor, Billd Exchange, LLC the funds so garnished. The proposed
Corrected Agreed Judgment is attached hereto and incorporated herein by reference as Exhibit
“B.”
WHEREFORE, Gamishee, First Financial Bank, N.A. and Gamishor, Billd Exchange,
LLC request that this Agreed Motion to Correct the Agreed Judgment be granted in all respects,
that the Court enter the proposed Corrected Agreed Judgment, and for all other relief in law or in
equity to which the parties may be justly entitled to receive.
Respectfully Submitted,
Agreed Motion to Correct the Agreed Judgment Page 2 of 3
By: /s/ Jessica Haile
Jessica Haile
State Bar No. 24071580
Cole F. Watson
State Bar No. 24122313
MCMAHON SUROVIK SUTTLE, P.C.
Post Office Box 3679
Abilene, Texas 79604
325-676-9183
325—676-8836 (Facsimile)
jhaile@mss.law
Attorneys for Garnishee
First Financial Bank, N.A.
By: /s/ Rebecca L. Brown w/ permission
Rebecca L. Brown
State Bar No. 24087223
WRIGHT LAW GROUP, PLLC
12333 Sowden Rd, Ste. B, PMB #84356
Houston, Texas 77080-2059
713-936-6879
713-936-6879 (Facsimile)
rlb@replevin.com
Attorney for Garnishor
Billd Exchange, LLC
Agreed Motion to Correct the Agreed Judgment Page 3 of 3
EXHIBIT "A"
CAUSE NO. DC-22-06351
BILLD EXCHANGE, LLC § IN THE DISTRICT COURT
§
§
Garnishor, §
V. § DALLAS COUNTY
§
FIRST FINANCIAL BANK, §
NATIONAL ASSOCIATION §
Garnishee. § l9!" JUDICIAL DISTRICT
AGREED JUDGMENT
0n this day came on to be heard the above-styled and numbered cause, wherein Billd
Exchange, LLC, is Garnishor, First Financial Bank, N.A. (“FFB”) is Gamishee, and Jack Riley
Elliott, J B Electrical, LLC and JackBuilt Contractors LLC are Judgment Debtors. Based on the
pleadings, the Court finds that Judgment Debtors have been properly served with a copy of the Writ
of Gamishment pursuant to Rule 663a of the Texas Rules of Civil Procedure and has not answered
nor entered an appearance in this cause; that Gamishee, FFB, was indebted to Judgment Debtor,
Jack Riley Elliott, on the date it was served with the Writ of Gamishment in the above-styled and
numbered cause in the sum of $2,464.21; that Garnishee was indebted to Judgment Debtor, Jack
Riley Elliott, on the date it answered the Writ of Garnishment in the above-styled and numbered
cause in the sum of $13,331.74; that Gamishee, FFB was not indebted to Judgment Debtors, JB
Electrical, LLC or JackBuilt Contractors LLC on the date it was served with the Writ of
Gamishment nor was it indebted to Judgment Debtors JB Electrical, LLC or J'ackBuilt Contractors
LLC on the date it answered the Writ of Garnishment; and that Garnishor, Billd Exchange, LLC,
and Gamishee, FFB, agree to entry of this Agreed Judgment.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Garnishor, Billd
Exchange, LLC, recover against Gamishee, FFB, the sum of $12,731.74, such sum to be applied
Agreed Judgment on Garnishment 1
as a credit to Garnishor’s judgment against Judgment Debtor, Jack Riley Elliott, in Cause No.
DC*21-!8204.
1T IS FURTHER ORDERED, ADJUDGED AND DECREED that the sums recovered
herein by Gamishor, Billd Exchange, LLC are to be paid out of the funds on deposit in Judgment
Debtor, Jack Riley Elliott’s accounts ending in 0604 and 9092 with FFB.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB,
recover from the funds on deposit in Judgment Debtor, Jack Riley Elliott’s account ending in
0604 its reasonable attorneys’ fees incurred in this proceeding in the amount of $600.00.
IT lS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB', is by
this Judgment discharged of all liability to Judgment Debtors, Jack Riley Elliott, JB Electrical,
LLC and Jackbuilt Contractors LLC and Garnishor, Billd Exchange, LLC, to the extent of the
sums above ordered.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if this Judgment is set
aside, reformed, challenged in any way, or reversed for any reason by the court of competent
jurisdiction, Gamishor, Billd Exchange, LLC agrees to, shall and hereby does, indemnify FFB for
any and all sums paid by FFB to Garnishor, Billd Exchange, LLC pursuant to this Judgment
and/or shall immediately return such funds to the registry of this Court.
[T lS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of the
sums awarded herein, Garnishee, FFB, shall be discharged from this cause and that no execution
shall issue on this Judgment.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Judgment is
intended to be final for purposes of appeal. The Judgment disposes of all parties to this action
and all claims. All relief not expressly granted herein is denied.
Agreed Judgment on Garnishrnent 2
SIGNED thisgaillay of 1
2% .. 202
D’GE’P SI ENG
AGREED TO AND APPROVED:
MCMAHON SUROVIK SUTTLE, P.C.
Post Office Box 3679
Abilene, Texas 79604
325-676-9183
325-676-8836 (Facsimile)
cwatson@mss.law
1'haile(a),mss.law
By: ls/ Cole Watson
Cole F. Watson
State Bar No. 24122313
Jessica Haile
State Bar No. 24071580
Attameysfor Garnishee
First Financial Bank, N.A.
WRIGHT LAW GROUP, PLLC
12333 Sowden Rd, Ste. B, PMB #84356
Houston, Texas 77080-2059
713-936-6879
713-936-6879 (Facsimile)
rlbgriireplevinxom
By: W’Bm
Rebecca [5. Brown
State Bar No. 24087223
Attameyfar Garnishar
Bitld Exchange, LLC
Agreed Judgment on Gamishment 3
EXHIBIT "B"
CAUSE NO. DC-22-06351
BILLD EXCHANGE, LLC § IN THE DISTRICT COURT
Garnishor, §
v. §
§ DALLAS COUNTY
FIRST FINANCIAL BANK, §
NATIONAL ASSOCIATION §
Garnishee. § 1915‘ JUDICIAL DISTRICT
CORRECTED AGREED JUDGMENT
On this day came on to be heard the above-styled and numbered cause, wherein Billd
Exchange, LLC, is Garnishor, First Financial Bank, N.A. (“FFB”) is Garnishee, and Jack Riley
Elliott, JB Electrical, LLC and JackBuilt Contractors LLC are Judgment Debtors. Based on the
pleadings, the Court finds that Judgment Debtors have been properly served with a copy of the Writ
of Garnishment pursuant to Rule 663a of the Texas Rules of Civil Procedure and have not answered
nor entered an appearance in this cause; that Garnishee, FFB, was indebted to Judgment Debtor,
Jack Riley Elliott, on the date it was served with the Writ of Gamishment in the above-styled and
numbered cause in the sum of $2,464.42 (being the sum total in accounts ending in 0604 and 9092);
that Garnishee was indebted to Judgment Debtor, Jack Riley Elliott, on the date it answered the Writ
of Gamishment in the above-styled and numbered cause in the sum of $13,331.74 (being the sum
total in accounts ending in 0604 and 9092); that Garnishee, FFB was not indebted to Judgment
Debtors, JB Electrical, LLC or JackBuilt Contractors LLC on the date it was served with the Writ of
J
Gamishment nor was it indebted to Judgment Debtors B Electrical, LLC or JackBuilt Contractors
LLC on the date it answered the Writ of Gamishment.
After FFB filed an Answer in this garnishment, Judgment Debtor, Jack Riley Elliot disputed
an electronic fimds transfer into his account ending in 0604 in the sum of $10,832.53 as an
unauthorized or incorrect transfer subject to Regulation E (see 15 U.S.C.A. § 1693f and 12 C.F.R. §
Agreed Judgment on Garnishment 1
205.11). Pursuant to the error dispute resolution process prescribed by Regulation E, FFB returned
the EFT payment. Garnishor, Billd Exchange, LLC, and Garnishee, FFB, agree to entry of this
Corrected Agreed Judgment, which is a correction of the sums in the accounts subject to the Writ of
Gamishment and the sums being paid to Gamishor.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Gamishor, Billd
Exchange, LLC, recover against Gamishee, FFB, the sum of $2,464.42, such sum to be applied as
a credit to Gamishor’s judgment against Judgment Debtor, Jack Riley Elliott, in Cause No. DC-
21-18204.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the sums recovered
herein by Gamishor, Billd Exchange, LLC are to be paid out of the funds on deposit in Judgment
Debtor, Jack Riley Elliott’s accounts ending in 0604 and 9092 with FFB.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB is by
this Agreed Judgment discharged of all liability to Judgment Debtors, Jack Riley Elliott, JB
Electrical, LLC and J ackbuilt Contractors LLC and Gamishor, Billd Exchange, LLC.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if this Judgment is set
aside, reformed, challenged in any way, or reversed for any reason by the court of competent
jurisdiction, Gamishor, Billd Exchange, LLC agrees to, shall and hereby does, indemnify FFB for
any and all sums paid by FFB to Gamishor, Billd Exchange, LLC pursuant to this Judgment
and/or shall immediately return such funds to the registry of this Court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of the
sums awarded herein, Gamishee, FFB, shall be discharged from this cause and that no execution
shall issue on this Judgment.
Agreed Judgment on Gamishment 2
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Judgment is
intended to be final for purposes of appeal. The Judgment disposes of all parties to this action
and all claims. All relief not expressly granted herein is denied.
SIGNED this day of 2022.
JUDGE PRESIDH\IG
AGREED TO AND APPROVED BY:
MCMAHON SUROVIK SUTTLE, P.C.
Post Office Box 3679
Abilene, Texas 79604
325-676-9183
325-676-8836 (Facsimile)
cwatson@mss.law
jhaile@mss.law
By: /s/ Jessica Haile
Cole F. Watson
State Bar No. 24122313
Jessica Haile
State Bar No. 24071580
Attorneys for Gamishee
First Financial Bank, N.A.
WRIGHT LAW GROUP, PLLC
12333 Sowden Rd, Ste. B, PMB #84356
Houston, Texas 77080—2059
713-936-6879
713-936-6879 (Facsimile)
rlb@replevin.com
By: /s/ Re cca rmission
Rebecca L. Brown
State Bar N0. 24087223
Attorney for Garnishor
Billd Exchange, LLC
Agreed Judgment on Garnishment 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Billie Gorham on behalf of Jessica Haile
Bar No. 24071580
bgorham@mss.law
Envelope ID: 68622822
Status as of 9/27/2022 7:54 AM CST
Associated Case Party: BILLD EXCHANGE, LLC
Name BarNumber Email TimestampSubmitted Status
Jared Rougeau txcases@replevinlawfirm.com 9/26/2022 4:11 :02 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Billie Gorham on behalf of Jessica Haile
Bar No. 24071580
bgorham@mss.law
Envelope ID: 68622822
Status as of 9/27/2022 7:54 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Rebecca Brown 24087223 rlb@replevin.com 9/26/2022 4:11:02 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Billie Gorham on behalf of Jessica Haile
Bar No. 24071580
bgorham@mss.law
Envelope ID: 68622822
Status as of 9/27/2022 7:54 AM CST
Associated Case Party: FIRST FINANCIAL BANK NATIONAL ASSOCIATION
Name BarNumber Email TimestampSubmitted Status
Jessica Haile jhaile@mss.law 9/26/2022 4:11:02 PM SENT
Billie Gorham bgorham@mss.law 9/26/2022 4:11:02 PM SENT
Cole Watson cwatson@mss.law 9/26/2022 4:11:02 PM SENT
Preview
FILED 9/26/2022 4:11 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-22-06351 BILLD EXCHANGE, LLC § IN THE DISTRICT COURT Garnishor, § v. § § DALLAS COUNTY FIRST FINANCIAL BANK, § NATIONAL ASSOCIATION § Garnishee. § 1915‘ JUDICIAL DISTRICT AGREED MOTION TO CORRECT THE AGREED JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Pursuant to Texas Rule of Civil Procedure 329b(g), Garnishee First Financial Bank, N.A. (“FFB”) and Garnishor Billd Exchange, LLC (“Billd”) file this Motion to Correct the Agreed Judgment and would show as follows: I. By filing this Agreed Motion, Garnishee FFB is not waiving its right to file a Motion for New Trial or complain on appeal about the errors in this cause including any errors in the Agreed Judgment rendered on August 25, 2022 (the “Agreed Judgment”). Attached hereto as Exhibit “A” and incorporate herein by reference is the Agreed Judgment signed August 25, 2022. II. FFB and Billd submit that the Agreed Judgment was rendered in error because it fails to accurately reflect the sums in the accounts held subject to this Garnishment proceeding with FFB. Following FFB’s execution of the Agreed Judgment, but prior to the Court rendering the Agreed Judgment, Judgment Debtor Jack Riley Elliot made a claim under Federal Regulation E (12 C.F.R. § 205.11) and the Electronic Funds Transfer Act (15 U.S.C.A. § 1693f) claiming that a deposit in the sum of $10,832.53 made into his account ending in 0604, and frozen in this garnishment proceeding, was an incorrect and unauthorized electronic funds transfer under the Agreed Motion to Correct the Agreed Judgment Page 1 of 3 Electronic Funds Transfer Act. Pursuant to Regulation E, after an investigation, FFB was required to return the electronic funds transfer despite the pending garnishment proceeding in this Cause. The Agreed Judgment was rendered before correction could be made. The Agreed Judgment inaccurately reflects that FFB is indebted to Judgment Debtor Jack Riley Elliot (“Judgment Debtor”) in the sum of $13,331.74 and makes an award to Garnishor and FFB based on the inaccurate representation of funds in Judgment Debtor’s accounts. Gamishor and Gamishee ask the Court to correct the error in the amount of funds garnished in the Agreed Judgment to reflect that FFB is actually indebted to Judgment Debtor in the sum of $2,464.42 and award to Gamishor, Billd Exchange, LLC the funds so garnished. The proposed Corrected Agreed Judgment is attached hereto and incorporated herein by reference as Exhibit “B.” WHEREFORE, Gamishee, First Financial Bank, N.A. and Gamishor, Billd Exchange, LLC request that this Agreed Motion to Correct the Agreed Judgment be granted in all respects, that the Court enter the proposed Corrected Agreed Judgment, and for all other relief in law or in equity to which the parties may be justly entitled to receive. Respectfully Submitted, Agreed Motion to Correct the Agreed Judgment Page 2 of 3 By: /s/ Jessica Haile Jessica Haile State Bar No. 24071580 Cole F. Watson State Bar No. 24122313 MCMAHON SUROVIK SUTTLE, P.C. Post Office Box 3679 Abilene, Texas 79604 325-676-9183 325—676-8836 (Facsimile) jhaile@mss.law Attorneys for Garnishee First Financial Bank, N.A. By: /s/ Rebecca L. Brown w/ permission Rebecca L. Brown State Bar No. 24087223 WRIGHT LAW GROUP, PLLC 12333 Sowden Rd, Ste. B, PMB #84356 Houston, Texas 77080-2059 713-936-6879 713-936-6879 (Facsimile) rlb@replevin.com Attorney for Garnishor Billd Exchange, LLC Agreed Motion to Correct the Agreed Judgment Page 3 of 3 EXHIBIT "A" CAUSE NO. DC-22-06351 BILLD EXCHANGE, LLC § IN THE DISTRICT COURT § § Garnishor, § V. § DALLAS COUNTY § FIRST FINANCIAL BANK, § NATIONAL ASSOCIATION § Garnishee. § l9!" JUDICIAL DISTRICT AGREED JUDGMENT 0n this day came on to be heard the above-styled and numbered cause, wherein Billd Exchange, LLC, is Garnishor, First Financial Bank, N.A. (“FFB”) is Gamishee, and Jack Riley Elliott, J B Electrical, LLC and JackBuilt Contractors LLC are Judgment Debtors. Based on the pleadings, the Court finds that Judgment Debtors have been properly served with a copy of the Writ of Gamishment pursuant to Rule 663a of the Texas Rules of Civil Procedure and has not answered nor entered an appearance in this cause; that Gamishee, FFB, was indebted to Judgment Debtor, Jack Riley Elliott, on the date it was served with the Writ of Gamishment in the above-styled and numbered cause in the sum of $2,464.21; that Garnishee was indebted to Judgment Debtor, Jack Riley Elliott, on the date it answered the Writ of Garnishment in the above-styled and numbered cause in the sum of $13,331.74; that Gamishee, FFB was not indebted to Judgment Debtors, JB Electrical, LLC or JackBuilt Contractors LLC on the date it was served with the Writ of Gamishment nor was it indebted to Judgment Debtors JB Electrical, LLC or J'ackBuilt Contractors LLC on the date it answered the Writ of Garnishment; and that Garnishor, Billd Exchange, LLC, and Gamishee, FFB, agree to entry of this Agreed Judgment. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Garnishor, Billd Exchange, LLC, recover against Gamishee, FFB, the sum of $12,731.74, such sum to be applied Agreed Judgment on Garnishment 1 as a credit to Garnishor’s judgment against Judgment Debtor, Jack Riley Elliott, in Cause No. DC*21-!8204. 1T IS FURTHER ORDERED, ADJUDGED AND DECREED that the sums recovered herein by Gamishor, Billd Exchange, LLC are to be paid out of the funds on deposit in Judgment Debtor, Jack Riley Elliott’s accounts ending in 0604 and 9092 with FFB. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB, recover from the funds on deposit in Judgment Debtor, Jack Riley Elliott’s account ending in 0604 its reasonable attorneys’ fees incurred in this proceeding in the amount of $600.00. IT lS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB', is by this Judgment discharged of all liability to Judgment Debtors, Jack Riley Elliott, JB Electrical, LLC and Jackbuilt Contractors LLC and Garnishor, Billd Exchange, LLC, to the extent of the sums above ordered. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if this Judgment is set aside, reformed, challenged in any way, or reversed for any reason by the court of competent jurisdiction, Gamishor, Billd Exchange, LLC agrees to, shall and hereby does, indemnify FFB for any and all sums paid by FFB to Garnishor, Billd Exchange, LLC pursuant to this Judgment and/or shall immediately return such funds to the registry of this Court. [T lS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of the sums awarded herein, Garnishee, FFB, shall be discharged from this cause and that no execution shall issue on this Judgment. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Judgment is intended to be final for purposes of appeal. The Judgment disposes of all parties to this action and all claims. All relief not expressly granted herein is denied. Agreed Judgment on Garnishrnent 2 SIGNED thisgaillay of 1 2% .. 202 D’GE’P SI ENG AGREED TO AND APPROVED: MCMAHON SUROVIK SUTTLE, P.C. Post Office Box 3679 Abilene, Texas 79604 325-676-9183 325-676-8836 (Facsimile) cwatson@mss.law 1'haile(a),mss.law By: ls/ Cole Watson Cole F. Watson State Bar No. 24122313 Jessica Haile State Bar No. 24071580 Attameysfor Garnishee First Financial Bank, N.A. WRIGHT LAW GROUP, PLLC 12333 Sowden Rd, Ste. B, PMB #84356 Houston, Texas 77080-2059 713-936-6879 713-936-6879 (Facsimile) rlbgriireplevinxom By: W’Bm Rebecca [5. Brown State Bar No. 24087223 Attameyfar Garnishar Bitld Exchange, LLC Agreed Judgment on Gamishment 3 EXHIBIT "B" CAUSE NO. DC-22-06351 BILLD EXCHANGE, LLC § IN THE DISTRICT COURT Garnishor, § v. § § DALLAS COUNTY FIRST FINANCIAL BANK, § NATIONAL ASSOCIATION § Garnishee. § 1915‘ JUDICIAL DISTRICT CORRECTED AGREED JUDGMENT On this day came on to be heard the above-styled and numbered cause, wherein Billd Exchange, LLC, is Garnishor, First Financial Bank, N.A. (“FFB”) is Garnishee, and Jack Riley Elliott, JB Electrical, LLC and JackBuilt Contractors LLC are Judgment Debtors. Based on the pleadings, the Court finds that Judgment Debtors have been properly served with a copy of the Writ of Garnishment pursuant to Rule 663a of the Texas Rules of Civil Procedure and have not answered nor entered an appearance in this cause; that Garnishee, FFB, was indebted to Judgment Debtor, Jack Riley Elliott, on the date it was served with the Writ of Gamishment in the above-styled and numbered cause in the sum of $2,464.42 (being the sum total in accounts ending in 0604 and 9092); that Garnishee was indebted to Judgment Debtor, Jack Riley Elliott, on the date it answered the Writ of Gamishment in the above-styled and numbered cause in the sum of $13,331.74 (being the sum total in accounts ending in 0604 and 9092); that Garnishee, FFB was not indebted to Judgment Debtors, JB Electrical, LLC or JackBuilt Contractors LLC on the date it was served with the Writ of J Gamishment nor was it indebted to Judgment Debtors B Electrical, LLC or JackBuilt Contractors LLC on the date it answered the Writ of Gamishment. After FFB filed an Answer in this garnishment, Judgment Debtor, Jack Riley Elliot disputed an electronic fimds transfer into his account ending in 0604 in the sum of $10,832.53 as an unauthorized or incorrect transfer subject to Regulation E (see 15 U.S.C.A. § 1693f and 12 C.F.R. § Agreed Judgment on Garnishment 1 205.11). Pursuant to the error dispute resolution process prescribed by Regulation E, FFB returned the EFT payment. Garnishor, Billd Exchange, LLC, and Garnishee, FFB, agree to entry of this Corrected Agreed Judgment, which is a correction of the sums in the accounts subject to the Writ of Gamishment and the sums being paid to Gamishor. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Gamishor, Billd Exchange, LLC, recover against Gamishee, FFB, the sum of $2,464.42, such sum to be applied as a credit to Gamishor’s judgment against Judgment Debtor, Jack Riley Elliott, in Cause No. DC- 21-18204. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the sums recovered herein by Gamishor, Billd Exchange, LLC are to be paid out of the funds on deposit in Judgment Debtor, Jack Riley Elliott’s accounts ending in 0604 and 9092 with FFB. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Gamishee, FFB is by this Agreed Judgment discharged of all liability to Judgment Debtors, Jack Riley Elliott, JB Electrical, LLC and J ackbuilt Contractors LLC and Gamishor, Billd Exchange, LLC. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if this Judgment is set aside, reformed, challenged in any way, or reversed for any reason by the court of competent jurisdiction, Gamishor, Billd Exchange, LLC agrees to, shall and hereby does, indemnify FFB for any and all sums paid by FFB to Gamishor, Billd Exchange, LLC pursuant to this Judgment and/or shall immediately return such funds to the registry of this Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of the sums awarded herein, Gamishee, FFB, shall be discharged from this cause and that no execution shall issue on this Judgment. Agreed Judgment on Gamishment 2 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Judgment is intended to be final for purposes of appeal. The Judgment disposes of all parties to this action and all claims. All relief not expressly granted herein is denied. SIGNED this day of 2022. JUDGE PRESIDH\IG AGREED TO AND APPROVED BY: MCMAHON SUROVIK SUTTLE, P.C. Post Office Box 3679 Abilene, Texas 79604 325-676-9183 325-676-8836 (Facsimile) cwatson@mss.law jhaile@mss.law By: /s/ Jessica Haile Cole F. Watson State Bar No. 24122313 Jessica Haile State Bar No. 24071580 Attorneys for Gamishee First Financial Bank, N.A. WRIGHT LAW GROUP, PLLC 12333 Sowden Rd, Ste. B, PMB #84356 Houston, Texas 77080—2059 713-936-6879 713-936-6879 (Facsimile) rlb@replevin.com By: /s/ Re cca rmission Rebecca L. Brown State Bar N0. 24087223 Attorney for Garnishor Billd Exchange, LLC Agreed Judgment on Garnishment 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Billie Gorham on behalf of Jessica Haile Bar No. 24071580 bgorham@mss.law Envelope ID: 68622822 Status as of 9/27/2022 7:54 AM CST Associated Case Party: BILLD EXCHANGE, LLC Name BarNumber Email TimestampSubmitted Status Jared Rougeau txcases@replevinlawfirm.com 9/26/2022 4:11 :02 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Billie Gorham on behalf of Jessica Haile Bar No. 24071580 bgorham@mss.law Envelope ID: 68622822 Status as of 9/27/2022 7:54 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Rebecca Brown 24087223 rlb@replevin.com 9/26/2022 4:11:02 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Billie Gorham on behalf of Jessica Haile Bar No. 24071580 bgorham@mss.law Envelope ID: 68622822 Status as of 9/27/2022 7:54 AM CST Associated Case Party: FIRST FINANCIAL BANK NATIONAL ASSOCIATION Name BarNumber Email TimestampSubmitted Status Jessica Haile jhaile@mss.law 9/26/2022 4:11:02 PM SENT Billie Gorham bgorham@mss.law 9/26/2022 4:11:02 PM SENT Cole Watson cwatson@mss.law 9/26/2022 4:11:02 PM SENT