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FILED
11/8/2023 1:57 PM
1 WRIT-ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY
DC-23-19041
CAUSE NO.
BUCCANEER SERVICES COMPANY § IN THE DISTRICT COURT
Plaintiff,
Vv. 134th JUDICIAL DISTRICT
JPMORGAN CHASE BANK, N.A.
Defendant, Garnishee. § DALLAS COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now, BUCCANEER SERVICES COMPANY (“BSI”), Plaintiff herein, in the
above-entitled and -numbered cause, makes this Application for the issuance of a Writ of
Garnishment After Judgment against JPMORGAN CHASE BANK, N.A. (“Garnishee Bank”).
In support of this Application, BSI would respectfully show the Court as follows:
I
1.1 Bank may be served with process upon its registered agent, CT Corporation System,
1999 Bryan St., Ste. 900, Dallas, TX 75201-3136, or wherever it may be found.
IL.
2.2 BSI as Plaintiff instituted suit in this Court under Cause No. DC-22-10933 against
BF Electrical Service, LLC (“BF Electrical”), Bobby Figueroa, Individually, (“BF”) and Antonia
Figueroa, Individually (“AF”) on or about August 23, 2022. Thereafter, on or about January 16,
2023, BSI obtained a personal judgment against BF Electrical, BF and AF for the sum of
$225,112.23 as the principal amount due, attorneys’ fees in the amount of $11,500.00 and costs of
suit to date in the amount of $374.00, making a total of $236,986.23, plus post-judgment interest on
Application for Writ of Garnishment After Judgment Page 1
the sum of $236,986.23 at the rate of five percent (5%) per annum or $32.463 per day, from date of
Judgment through collection.
23 Therefore, the total sum now due and owing on the Judgment as of the date of this
Application is $246,303.36. Said Judgment is final, valid and subsisting and remains wholly
unsatisfied, and the said BF Eletrical, BF and AF do not have, within Plaintiff's knowledge, property
in its possession within this state subject to execution, sufficient to satisfy such judgment. Further,
the garnishment applied for is not sued upon to injure either BF Electrical, BF, AF or the said
Garnishee Bank.
IIL.
aol This Application is supported by Affidavit of Kevin Vice for Writ of Garnishment
After Judgment, which affidavit is incorporated herein by reference and attached hereto as “Exhibit
i
3.2 Plaintiff has reason to believe and does believe, that the said Garnishee is indebted to
BF Electrical by reason of one or more bank accounts with Garnishee Bank. Said belief is based
upon checks previously provided by BF Electrical showing an account with Garnishee Bank.
3.3 BF Electrical has bank account(s) with Garnishee Bank including, but not limited to,
JPMorgan Chase Bank Account No. ******890. True and correct copies of said checks for said
account are attached hereto as “Exhibit 2”.
Iv.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a Writ of Garnishment
issue against JPMorgan Chase Bank, N.A., Garnishee Bank, that Plaintiff have judgment against
said Garnishee Bank for the amounts specified herein, not to exceed the amount admitted or found
Application for Writ of Garnishment Afier Judgment Page 2
to be due BF Electrical from Garnishee Bank, and for all such other and further relief to which
Plaintiff may be justly entitled.
Respectfully submitted,
VICE HENLEY & DILBECK , PLLC
By: /s/ Camille E. Yode
KEVIN W. VICE
State Bar No. 00785150
kvice@vicehenleylaw.com
CAMILLE E. YODER
State Bar No. 24100680
Cyoder@vicehenleylaw.com
5368 State Hwy. 276
Royse City, Texas 75189
(469) 402-0450
(469) 402-0461 (Facsimile)
ATTORNEYS FOR PLAINTIFF
Application for Writ of Garnishment After Judgment Page 3
EXHIBIT 1
CAUSE NO.
BUCCANEER SERVICES COMPANY § IN THE DISTRICT COURT
§
Plaintiff,
v. 134th JUDICIAL DISTRICT
JPMORGAN CHASE BANK, N.A.,
Defendant, Garnishee. DALLAS COUNTY, TEXAS
AFFIDAVIT OF KEVIN VICE IN SUPPORT OF APPLICATION FOR WRIT OF
GARNISHMENT AFTER JUDGMENT
STATE OF TEXAS *
*
COUNTY OF ROCKWALL *
Before me the undersigned Notary Public, on this day personally appeared KEVIN VICE,
who after being by me first duly sworn, deposed and stated as follows:
1 “My name is KEVIN VICE. I am over the age of 18 years and a resident of Hunt
County, Texas. I am of sound mind, and I have never been convicted of a crime. I am
capable of making this Affidavit and fully competent to testify to matters stated herein.
Ihave personal knowledge of each of the matters stated herein.”
“T am an attorney licensed by the State of Texas to practice law. I have been licensed
since 1992, Iam employed by the law firm of Vice, Henley & Dilbeck PLLC. Our
offices are located at $368 SH 276, Royse City, Texas 75189. I am the attorney of
record for BUCCANEER SERVICES COMPANY, in the above captioned matter. I
am authorized to make this Affidavit and Application for Writ of Garnishment After
Judgment.”
“Plaintiff owns a judgment against BF Electrical which was rendered on January 16,
2023 in a case styled Buccaneer Services Company v BF Electrical Service, LLC,
Bobby Figueroa, Individually and Antonia Figueroa, Individually, Cause No. DC-22-
Affidavit of Kevin Vice in Support of Application for Writ of Gamishment After Judgment Page | of 2
10933 in this Court. The judgment is valid and subsisting, and a supersedeas bond has
not been approved and filed to suspend execution of the judgment.”
“On or about January 16, 2023, Buccaneer Services Company obtained a personal
judgment against BF Electrical Service, LLC, Bobby Figueroa, Individually, and
Antonia Figueroa, Individually, for the sum of $225,112.23 as the principal amount
due, attorneys’ fees in the amount of $11,500.00, and costs of suit to date in the amount
of $374.00, making a total of $236,986.23, plus post-judgment interest on the sum of
$236,986.23 at the rate of five percent (5%) per annum or $32.463 per day, from date
of Judgment through collection.”
“Therefore, the total sum now due and owing on the Judgment as of the date of this
Affidavit is $246,303.36.”
“BF Electrical Service, LLC, Bobby Figueroa, Individually and Antonia Figueroa,
Individually, do not have, within Plaintiff's knowledge, property in its possession
within this state subject to execution, sufficient to satisfy such judgment. This
Garnishment is not sued on to injure either BF Electrical Service, LLC, Bobby
Figueroa, Individually, Antonia Figueroa, Individually, or JPMorgan Chase Bank,
N.A., Garnishee Bank.”
“FURTHER AFFIANT SAYETH NOT.”
7 /f
7 C
Kevin’Vite, Affiant
SUBSCRIBED AND SWORN TO BEFORE ME onMe 30" day ofye 2023
/
ig Yo $dd
KIM RENEE PIENAAR
Notary ID #5590309
My Commission Expires.
‘April 13, 2026 Nofary Public, State of Texas
Affidavit of Kevin Vice in Support of Application for Writ of Garnishment After Judgment Page
2 of 2
EXHIBIT 2
Notice of CHARGEBACK
BUCCANEER SERVICES COMPANY
2400 CANTRELL ROAD, SUITE 100 Account: 500135328
LITTLE ROCK AR 72202 Date: 01/20/22
Your account has been charged for the attached check(s) that has been returned for the reason
shown with each item. Please contact your local office with any questions regarding this transaction.
Date Amount Fee Deposit Amt Reason Reference#
01/18/2022 49,324.46 -00 177,899.10 NSF - Not Sufficient Funds 5250146583606
01/18/2022 9,323.67 -00 177,899.10 NSF - Not Sufficient Funds 5250146583607
This notice is for: __ BUCCANEER SERVICES COMPANY
= = E>
aeoH/itio
BF ELECTRICAL SERVICE, LLC 1376
810 VIABRAVO ST. 21 7208
MESQUITE,TX 78160
on
Lf> 22
pr Bsr I$ “193344
-acky (ist ssnssnth Thana {ws 6 se
Seror etn
woo Cee. ”
bb AOO0E dU: 6326928902376
Ttem# 5250146651022 01/20/2022 $49,324.46
Reason: NSF - Not Sufficient Funds
PE SCEe ar
at seevino 1377
BF ELECTRICAL SERVICE, LLC
810 VIABRAVOST, 214-558-7203
MESQUITE, 75180
pAvTOME ST 1 $9303, 97)
. 4a
CHASE NAL
ut Fatergan Chase
-#2 bb LDOOB bb 632692890" 2377
Item# 5250146651006 01/20/2022 $5,323.67
Reason: NSF - Not Sufficient Funds
NSE
*082902757« EE es SE 2ps So
01/20/2022
S2501L46651022 erer/1110
BF ELECTRICAL SERVICE, LLC 1376
This is a LEGAL COPY of your 810 VIA BRAVO ST. 214-656-7203
check. You can use it the same MESQUITE, TX 75150
you would use the original check. as
ne
4 ae BS, Ln
RETURN REASON (A) 1 $ 49324
thy (lit Lhansnaalk easton
NOT SUFFICIENT FUNDS,
7A
Q Ber
Centennial Bank fu
mB) nosso Bank, NA,
MEMO C hehe a
we
HahOOOB ALG pace gees05 4476
Ltt b 20006 dis 632692890023 76 “OOOK93 2Lu8"
NSE
*082902757« EE
aaa ue a
01/20/2022
a2-Gt/1110
SeSOL4bb51026 1377
BF ELECTRICAL SERVICE, LLC
This is a LEGAL COPY of your ns 810 VIA BRAVO ST, 214-556-7293
check, You can use it the same way ov MESQUITE,TX 76150 on
L432
mies
you would use the original check. aw
RETURN REASON (A)
and
$9322 qQ>
zA | AL Llane bh er Ketralal tomnf Phere. 8
NOT SUFFICIENT FUNDS
at ian
Centennial Bank Sn | CHASE
hau JPMorgan Chase Bank, NA,
TK
wo
B3269 2890" 2377
a
OF pe eee
een a - Be
Gibb bOOOK bbe B3¢6926900.4377 “0000932367.
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FILED 11/8/2023 1:57 PM 1 WRIT-ESERVE FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Underwood DEPUTY DC-23-19041 CAUSE NO. BUCCANEER SERVICES COMPANY § IN THE DISTRICT COURT Plaintiff, Vv. 134th JUDICIAL DISTRICT JPMORGAN CHASE BANK, N.A. Defendant, Garnishee. § DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Comes now, BUCCANEER SERVICES COMPANY (“BSI”), Plaintiff herein, in the above-entitled and -numbered cause, makes this Application for the issuance of a Writ of Garnishment After Judgment against JPMORGAN CHASE BANK, N.A. (“Garnishee Bank”). In support of this Application, BSI would respectfully show the Court as follows: I 1.1 Bank may be served with process upon its registered agent, CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136, or wherever it may be found. IL. 2.2 BSI as Plaintiff instituted suit in this Court under Cause No. DC-22-10933 against BF Electrical Service, LLC (“BF Electrical”), Bobby Figueroa, Individually, (“BF”) and Antonia Figueroa, Individually (“AF”) on or about August 23, 2022. Thereafter, on or about January 16, 2023, BSI obtained a personal judgment against BF Electrical, BF and AF for the sum of $225,112.23 as the principal amount due, attorneys’ fees in the amount of $11,500.00 and costs of suit to date in the amount of $374.00, making a total of $236,986.23, plus post-judgment interest on Application for Writ of Garnishment After Judgment Page 1 the sum of $236,986.23 at the rate of five percent (5%) per annum or $32.463 per day, from date of Judgment through collection. 23 Therefore, the total sum now due and owing on the Judgment as of the date of this Application is $246,303.36. Said Judgment is final, valid and subsisting and remains wholly unsatisfied, and the said BF Eletrical, BF and AF do not have, within Plaintiff's knowledge, property in its possession within this state subject to execution, sufficient to satisfy such judgment. Further, the garnishment applied for is not sued upon to injure either BF Electrical, BF, AF or the said Garnishee Bank. IIL. aol This Application is supported by Affidavit of Kevin Vice for Writ of Garnishment After Judgment, which affidavit is incorporated herein by reference and attached hereto as “Exhibit i 3.2 Plaintiff has reason to believe and does believe, that the said Garnishee is indebted to BF Electrical by reason of one or more bank accounts with Garnishee Bank. Said belief is based upon checks previously provided by BF Electrical showing an account with Garnishee Bank. 3.3 BF Electrical has bank account(s) with Garnishee Bank including, but not limited to, JPMorgan Chase Bank Account No. ******890. True and correct copies of said checks for said account are attached hereto as “Exhibit 2”. Iv. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a Writ of Garnishment issue against JPMorgan Chase Bank, N.A., Garnishee Bank, that Plaintiff have judgment against said Garnishee Bank for the amounts specified herein, not to exceed the amount admitted or found Application for Writ of Garnishment Afier Judgment Page 2 to be due BF Electrical from Garnishee Bank, and for all such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, VICE HENLEY & DILBECK , PLLC By: /s/ Camille E. Yode KEVIN W. VICE State Bar No. 00785150 kvice@vicehenleylaw.com CAMILLE E. YODER State Bar No. 24100680 Cyoder@vicehenleylaw.com 5368 State Hwy. 276 Royse City, Texas 75189 (469) 402-0450 (469) 402-0461 (Facsimile) ATTORNEYS FOR PLAINTIFF Application for Writ of Garnishment After Judgment Page 3 EXHIBIT 1 CAUSE NO. BUCCANEER SERVICES COMPANY § IN THE DISTRICT COURT § Plaintiff, v. 134th JUDICIAL DISTRICT JPMORGAN CHASE BANK, N.A., Defendant, Garnishee. DALLAS COUNTY, TEXAS AFFIDAVIT OF KEVIN VICE IN SUPPORT OF APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT STATE OF TEXAS * * COUNTY OF ROCKWALL * Before me the undersigned Notary Public, on this day personally appeared KEVIN VICE, who after being by me first duly sworn, deposed and stated as follows: 1 “My name is KEVIN VICE. I am over the age of 18 years and a resident of Hunt County, Texas. I am of sound mind, and I have never been convicted of a crime. I am capable of making this Affidavit and fully competent to testify to matters stated herein. Ihave personal knowledge of each of the matters stated herein.” “T am an attorney licensed by the State of Texas to practice law. I have been licensed since 1992, Iam employed by the law firm of Vice, Henley & Dilbeck PLLC. Our offices are located at $368 SH 276, Royse City, Texas 75189. I am the attorney of record for BUCCANEER SERVICES COMPANY, in the above captioned matter. I am authorized to make this Affidavit and Application for Writ of Garnishment After Judgment.” “Plaintiff owns a judgment against BF Electrical which was rendered on January 16, 2023 in a case styled Buccaneer Services Company v BF Electrical Service, LLC, Bobby Figueroa, Individually and Antonia Figueroa, Individually, Cause No. DC-22- Affidavit of Kevin Vice in Support of Application for Writ of Gamishment After Judgment Page | of 2 10933 in this Court. The judgment is valid and subsisting, and a supersedeas bond has not been approved and filed to suspend execution of the judgment.” “On or about January 16, 2023, Buccaneer Services Company obtained a personal judgment against BF Electrical Service, LLC, Bobby Figueroa, Individually, and Antonia Figueroa, Individually, for the sum of $225,112.23 as the principal amount due, attorneys’ fees in the amount of $11,500.00, and costs of suit to date in the amount of $374.00, making a total of $236,986.23, plus post-judgment interest on the sum of $236,986.23 at the rate of five percent (5%) per annum or $32.463 per day, from date of Judgment through collection.” “Therefore, the total sum now due and owing on the Judgment as of the date of this Affidavit is $246,303.36.” “BF Electrical Service, LLC, Bobby Figueroa, Individually and Antonia Figueroa, Individually, do not have, within Plaintiff's knowledge, property in its possession within this state subject to execution, sufficient to satisfy such judgment. This Garnishment is not sued on to injure either BF Electrical Service, LLC, Bobby Figueroa, Individually, Antonia Figueroa, Individually, or JPMorgan Chase Bank, N.A., Garnishee Bank.” “FURTHER AFFIANT SAYETH NOT.” 7 /f 7 C Kevin’Vite, Affiant SUBSCRIBED AND SWORN TO BEFORE ME onMe 30" day ofye 2023 / ig Yo $dd KIM RENEE PIENAAR Notary ID #5590309 My Commission Expires. ‘April 13, 2026 Nofary Public, State of Texas Affidavit of Kevin Vice in Support of Application for Writ of Garnishment After Judgment Page 2 of 2 EXHIBIT 2 Notice of CHARGEBACK BUCCANEER SERVICES COMPANY 2400 CANTRELL ROAD, SUITE 100 Account: 500135328 LITTLE ROCK AR 72202 Date: 01/20/22 Your account has been charged for the attached check(s) that has been returned for the reason shown with each item. Please contact your local office with any questions regarding this transaction. Date Amount Fee Deposit Amt Reason Reference# 01/18/2022 49,324.46 -00 177,899.10 NSF - Not Sufficient Funds 5250146583606 01/18/2022 9,323.67 -00 177,899.10 NSF - Not Sufficient Funds 5250146583607 This notice is for: __ BUCCANEER SERVICES COMPANY = = E> aeoH/itio BF ELECTRICAL SERVICE, LLC 1376 810 VIABRAVO ST. 21 7208 MESQUITE,TX 78160 on Lf> 22 pr Bsr I$ “193344 -acky (ist ssnssnth Thana {ws 6 se Seror etn woo Cee. ” bb AOO0E dU: 6326928902376 Ttem# 5250146651022 01/20/2022 $49,324.46 Reason: NSF - Not Sufficient Funds PE SCEe ar at seevino 1377 BF ELECTRICAL SERVICE, LLC 810 VIABRAVOST, 214-558-7203 MESQUITE, 75180 pAvTOME ST 1 $9303, 97) . 4a CHASE NAL ut Fatergan Chase -#2 bb LDOOB bb 632692890" 2377 Item# 5250146651006 01/20/2022 $5,323.67 Reason: NSF - Not Sufficient Funds NSE *082902757« EE es SE 2ps So 01/20/2022 S2501L46651022 erer/1110 BF ELECTRICAL SERVICE, LLC 1376 This is a LEGAL COPY of your 810 VIA BRAVO ST. 214-656-7203 check. You can use it the same MESQUITE, TX 75150 you would use the original check. as ne 4 ae BS, Ln RETURN REASON (A) 1 $ 49324 thy (lit Lhansnaalk easton NOT SUFFICIENT FUNDS, 7A Q Ber Centennial Bank fu mB) nosso Bank, NA, MEMO C hehe a we HahOOOB ALG pace gees05 4476 Ltt b 20006 dis 632692890023 76 “OOOK93 2Lu8" NSE *082902757« EE aaa ue a 01/20/2022 a2-Gt/1110 SeSOL4bb51026 1377 BF ELECTRICAL SERVICE, LLC This is a LEGAL COPY of your ns 810 VIA BRAVO ST, 214-556-7293 check, You can use it the same way ov MESQUITE,TX 76150 on L432 mies you would use the original check. aw RETURN REASON (A) and $9322 qQ> zA | AL Llane bh er Ketralal tomnf Phere. 8 NOT SUFFICIENT FUNDS at ian Centennial Bank Sn | CHASE hau JPMorgan Chase Bank, NA, TK wo B3269 2890" 2377 a OF pe eee een a - Be Gibb bOOOK bbe B3¢6926900.4377 “0000932367.