Preview
I
11/9/2023 4:27 PM
1 WRIT/ESERVE DC-23-19108 FELICIA PITRE
CAUSE NO. DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
PIRS CAPITAL, LLC, domestic limited
liability company IN THE DISTRICT COURT
Plaintiff
VS.
ELEVATED COMMERCIAL
CONSTRUCTION, INC, a Texas
corporation d/b/a ELEVATED
CONSTRUCTION; and NORMAN HAYS, 1018T JUDICAL DISTRICT
an individual,
Defendants
&
BYLINE BANK
Garnishee Defendant DALLAS COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
Parties
Plaintiff in Garnishment: PIRS CAPITAL, LLC, makes this Application for Writ of
Garnishment after Judgment.
Garnishee: BYLINE BANK is a foreign financial institution. Garnishee conducts business in the
State of Texas but has not appointed a registered agent in this state; as such, the Texas Secretary
of State is an agent of Garnishee for purposes of service of process. The Clerk of Court is requested
to issue the writ of garnishment for service on the Texas Secretary of State.,
BYLINE BANK
180 N La Salle Street, Suite 300
Chicago, IL 60601
Affidavit for Garnishment
In Cause No. DC-22-14686, on the docket of this court, a Judgment was obtained against
Defendants as follows:
Date of Judgment: September 29, 2023
Principal amount: $798,488.40
Attorney’s fees $2,500.00
Post Judgment Interest: 5%
Offsets or credits to Judgment (if any) $00.00
This Judgment is valid and subsisting and remains unsatisfied. Defendant do not possess,
within affiant’s knowledge, property in Texas subject to execution sufficient to satisfy said
judgment. This knowledge is based upon a search of Lexis Nexis, Clear and PublicData.com,
which are three types of software or online services that collect public data and specific asset
information, including car registrations, property and UCC information. The undersigned has not
been able to find any non-exempt real property in Texas that might be subject to execution, or any
non-exempt vehicles subject to seizure. This Garnishment is not sought to injure either the
Defendants or the Garnishee.
To the best of the affiant knowledge the Judgment Defendants maintain the following
identifiers. The last known address of the Judgment Defendant is 3010 LBJ Pkwy, Ste 1200 Dallas,
TX 75342 and 3400 W. Stonegate Blvd, Apt 817, Arlington Heights, IL 60005. The Judgment
Defendant Social Security Number is xxx-xx-5665 and date of birth is 07/09/1968. The Judgment
Defendant’s EIN is 83-0793903.
The affiant further says that he is authorized to make this affidavit and Application and that
he has read this affidavit and that the statements contained in this affidavit are within his personal
knowledge and are true and correct.
rir
T. Michael Ballases
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
SWORN TO AND SUBSCRIBED BEFORE ME by T. Michael Ballases, attorney of
record for the Plaintiff, on , 2023, to certify which witness my
hand and seal of office.
cai sets
ene
D.
Ma 16,204
JENNINGS
Notary ID # 124384367 p> (7, << G 7S
aa ta ublic, Stat exas
To ELEVATED COMMERCIAL CONSTRUCTION, INC. d/b/a ELEVATED
CONSTRUCTION and NORMAN HAYS, Defendants:
You are hereby notified that certain properties alleged to be owned by you have been garnished.
If you claim any rights in such property, you are advised:
“You have the right to regain possession of the property by filing a Replevy Bond. You have
the right to seek possession of the property by filing with the court a motion to dissolve this
Writ.”
Plaintiff prays that:
A writ of garnishment be issued directed to Garnishee;
Plaintiff be granted judgment against Garnishee for the amount now due on Plaintiff's
judgment already rendered against Defendant, together with interest and costs of the
suit in the original case and in this garnishment proceeding;
Plaintiff be granted judgment for prejudgment and post-judgment interest at the
highest rate allowed by law; and
Plaintiff is granted all further relief to which Plaintiff may be entitled.
Respectfully submitted,
7
By: /s/ T. Michael Ballases
T. Michael Ballases, SBN 24036179
Hoover Slovacek LLP
5051 Westheimer, Suite 1200
Houston, Texas 77056
Telephone: (713) 977-8686
Facsimile: (713) 977-5395
ballases@hooverslovacek.com
ATTORNEY FOR PLAINTIFF/
GARNISHOR
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.
Michael Kelleher on behalf of Thomas Ballases
Bar No. 24036179
mkelleher@ amarecovery.com
Envelope ID: 81499833
Filing Code Description: Application F or Writ Of Garnishment
Filing Description:
Status as of 11/14/2023 2:40 PM CST
Associated Case Party: PIRS CAPITAL, LLC
Name BarNumber | Email TimestampSubmitted Status
Audrey Villarreal avillarreal@ amarecovery.com 11/9/2023 4:27:21 PM SENT
Michael Kelleher mkelleher@ amarecovery.com 11/9/2023 4:27:21 PM SENT
T. Michael Ballases ballases@ hooverslovacek.com 11/9/2023 4:27:21 PM SENT
Preview
I 11/9/2023 4:27 PM 1 WRIT/ESERVE DC-23-19108 FELICIA PITRE CAUSE NO. DISTRICT CLERK DALLAS CO., TEXAS Belinda Hernandez DEPUTY PIRS CAPITAL, LLC, domestic limited liability company IN THE DISTRICT COURT Plaintiff VS. ELEVATED COMMERCIAL CONSTRUCTION, INC, a Texas corporation d/b/a ELEVATED CONSTRUCTION; and NORMAN HAYS, 1018T JUDICAL DISTRICT an individual, Defendants & BYLINE BANK Garnishee Defendant DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT Parties Plaintiff in Garnishment: PIRS CAPITAL, LLC, makes this Application for Writ of Garnishment after Judgment. Garnishee: BYLINE BANK is a foreign financial institution. Garnishee conducts business in the State of Texas but has not appointed a registered agent in this state; as such, the Texas Secretary of State is an agent of Garnishee for purposes of service of process. The Clerk of Court is requested to issue the writ of garnishment for service on the Texas Secretary of State., BYLINE BANK 180 N La Salle Street, Suite 300 Chicago, IL 60601 Affidavit for Garnishment In Cause No. DC-22-14686, on the docket of this court, a Judgment was obtained against Defendants as follows: Date of Judgment: September 29, 2023 Principal amount: $798,488.40 Attorney’s fees $2,500.00 Post Judgment Interest: 5% Offsets or credits to Judgment (if any) $00.00 This Judgment is valid and subsisting and remains unsatisfied. Defendant do not possess, within affiant’s knowledge, property in Texas subject to execution sufficient to satisfy said judgment. This knowledge is based upon a search of Lexis Nexis, Clear and PublicData.com, which are three types of software or online services that collect public data and specific asset information, including car registrations, property and UCC information. The undersigned has not been able to find any non-exempt real property in Texas that might be subject to execution, or any non-exempt vehicles subject to seizure. This Garnishment is not sought to injure either the Defendants or the Garnishee. To the best of the affiant knowledge the Judgment Defendants maintain the following identifiers. The last known address of the Judgment Defendant is 3010 LBJ Pkwy, Ste 1200 Dallas, TX 75342 and 3400 W. Stonegate Blvd, Apt 817, Arlington Heights, IL 60005. The Judgment Defendant Social Security Number is xxx-xx-5665 and date of birth is 07/09/1968. The Judgment Defendant’s EIN is 83-0793903. The affiant further says that he is authorized to make this affidavit and Application and that he has read this affidavit and that the statements contained in this affidavit are within his personal knowledge and are true and correct. rir T. Michael Ballases THE STATE OF TEXAS § § COUNTY OF HARRIS § SWORN TO AND SUBSCRIBED BEFORE ME by T. Michael Ballases, attorney of record for the Plaintiff, on , 2023, to certify which witness my hand and seal of office. cai sets ene D. Ma 16,204 JENNINGS Notary ID # 124384367 p> (7, << G 7S aa ta ublic, Stat exas To ELEVATED COMMERCIAL CONSTRUCTION, INC. d/b/a ELEVATED CONSTRUCTION and NORMAN HAYS, Defendants: You are hereby notified that certain properties alleged to be owned by you have been garnished. If you claim any rights in such property, you are advised: “You have the right to regain possession of the property by filing a Replevy Bond. You have the right to seek possession of the property by filing with the court a motion to dissolve this Writ.” Plaintiff prays that: A writ of garnishment be issued directed to Garnishee; Plaintiff be granted judgment against Garnishee for the amount now due on Plaintiff's judgment already rendered against Defendant, together with interest and costs of the suit in the original case and in this garnishment proceeding; Plaintiff be granted judgment for prejudgment and post-judgment interest at the highest rate allowed by law; and Plaintiff is granted all further relief to which Plaintiff may be entitled. Respectfully submitted, 7 By: /s/ T. Michael Ballases T. Michael Ballases, SBN 24036179 Hoover Slovacek LLP 5051 Westheimer, Suite 1200 Houston, Texas 77056 Telephone: (713) 977-8686 Facsimile: (713) 977-5395 ballases@hooverslovacek.com ATTORNEY FOR PLAINTIFF/ GARNISHOR 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. Michael Kelleher on behalf of Thomas Ballases Bar No. 24036179 mkelleher@ amarecovery.com Envelope ID: 81499833 Filing Code Description: Application F or Writ Of Garnishment Filing Description: Status as of 11/14/2023 2:40 PM CST Associated Case Party: PIRS CAPITAL, LLC Name BarNumber | Email TimestampSubmitted Status Audrey Villarreal avillarreal@ amarecovery.com 11/9/2023 4:27:21 PM SENT Michael Kelleher mkelleher@ amarecovery.com 11/9/2023 4:27:21 PM SENT T. Michael Ballases ballases@ hooverslovacek.com 11/9/2023 4:27:21 PM SENT