Preview
FILED
12/5/2023 4:11 PM
FELICIA PITRE
DISTRICT CLERK
1 WRIT - ESERVE DALLAS CO., TEXAS
Gwendolyn Thomas DEPUTY
DC-23-20314
CAUSE NO. _________
CREST FOODS, INC., § IN THE DISTRICT COURT
§
Plaintiff/Judgment Creditor/Garnishor, §
v. §
§
WELLS FARGO BANK, N.A., §
§
Garnishee, §
§
vs. § 192nd JUDICIAL DISTRICT OF
§
OHANYAN LLC, AND §
§
MICHAEL OGANYAN, §
§
Defendants/Judgment Debtors. § DALLAS COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT
Plaintiff-Judgment Creditor-Garnishor CREST FOODS, INC. (“Garnishor”), applies for
a Writ of Garnishment against Garnishee WELLS FARGO BANK, N.A. (“Garnishee”) as
follows:
1. Garnishor a corporation organized under the laws of the State of Texas and
authorized to transact business in Texas.
2. Garnishee is a national bank with offices and branches located in the State of Texas.
Garnishee may be served with the Writ of Garnishment through its registered agent:
Corporation Service Company d/b/a CSC – Lawyers Incorporating Service Company, 211
E. 7th Street, Suite 620, Austin, Texas 78701-3218.
3. On August 14, 2023, Garnishor obtained a Judgment (“Judgment”), a true and
correct copy of which is attached hereto as Exhibit “1,” in its favor in the above-styled and
referenced action against all Defendants identified above, awarding Garnishor the following
monetary damages in the amount of $61,580.09, together pre-judgment interest on the
APPLICATION FOR WRIT OF GARNISHMENT - Page 1
principal amount at the rate of 6% per annum from the date the Action was filed, April 24,
2023, to the date the Judgment was signed until paid in full.
4. Plaintiff shall have and recover of and from Defendants, jointly and severally,
post-judgment interest at the rate of 8.25% per annum on the Total Amount from the date
this Judgment is signed until it is paid in full.
5. The judgment is presently due and payable in its full amount and is just, due, and
unpaid.
6. Within Garnishor’ knowledge, the Defendants do not possess property in the State
of Texas subject to execution that is sufficient to satisfy the above-described claim.
7. Garnishor has reason to believe, and does believe, that Garnishee is indebted to or
has in hand effects and other property belonging to Defendants.
8. Garnishor is aware that the Defendants have one or more accounts or is holding
other property subject to execution at Garnishee’s bank.
9. The last four digits of a known bank account for Defendant MKRTYCH
OGANYAN aka MICHAEL OGANYAN is XXXX XX 1973.
10. The last four digits of Defendant MICHAEL OGANYAN are XXX-XX-1738.
11. Garnishor is not seeking to harass or injure the Garnishee or the Defendants by
seeking issuance of a Writ of Garnishment.
12. Garnishor requests that the Court waive any bond that might be required for the
issuance of a Writ of Garnishment.
WHEREFORE PREMISES CONSIDERED, Garnishor request that the Court issue a Writ
of Garnishment and that Garnishor have judgment against Garnishee to satisfy the Judgment,
APPLICATION FOR WRIT OF GARNISHMENT - Page 2
together with all amounts set forth therein, as provided by law, together with all costs of court, and
for such other and further relief to which Garnishor may be justly entitled.
Dated: December 5, 2023. Respectfully submitted,
AKERLY LAW PLLC
By: /s/ Bruce W. Akerly
Bruce W. Akerly
Texas Bar No. 00953200
2785 Rockbrook Drive, Suite 201
Lewisville, Texas 75067
(469) 444-1878 Main
(469) 444-1864 Direct
(469) 444-1829 Facsimile
bakerly@akerlylaw.com
ATTORNEYS FOR JUDGMENT CREDITOR –
PLAINTIFF - GARNISHOR
APPLICATION FOR WRIT OF GARNISHMENT - Page 3
Verification
I hereby certify that the factual assertions in the above and foregoing Application for Writ
of Garnishment are true and correct to the bes dge.
� : ��
Bruce W. Akerly, Attorney/Agent
State of Texas §
§
County of Denton §
Before me, the undersigned Notary Public, on this day personally appeared Bruce W.
Akerly who, being by me duly sworn on oath, deposed and said that he is the attorney/duly
authorized agent for the Plaintiff-Gamishor in the above entitled and numbered cause; that he has
read the above and foregoing Application for Writ of Garnishment and that every statement
contained in the document is within his personal knowledge and is true and correct.
C>aen.�
5+t. day of November
SUBSCRIBED AND SWORN TO BEFORE ME on this--=- 2023 to
certify which witness my hand and seal of office.
{tir�
,,,����;:,,, LINDA WALKER
Notary Public, State of Texas
-:,�---�_.:,_�� Comm. Expires 03-22-2026
.,,,,�·of·�·,�
11
,,111,,,,, Notary ID 6664843 Notary Public in and for the State of Texas
SEAL:
APPLICATION FOR WRIT OF GARNISHMENT - Page 4
EXHIBIT 1
CAUSE NO. DC-23-05 332
CREST FOODS, INC., § IN THE DISTRICT COURT
§
Plaintiffi §
V. §
§
OHANYAN LLC, §
§
AND § 192m JUDICIAL DISTRICT OF
§
MICHAEL OGANYAN, §
§
Defendants. § DALLAS COUNTY, TEXAS
FINAL DEFAULT JUDGMENT
Before the Court is Plaintiff‘s Motion for Default Judgment (the “Motion”). Defendants,
although properly served with citations, have failed to file a timely answer in this action. The
allegations in the Petition are taken as true. The Court determined that it has jurisdiction over the
subject matter and the parties in this proceeding. Plaintiff has demonstrated it is entitled to entry
of Default Judgment against Defendants. Plaintiff has submitted an affidavit supporting allowance
of reasonable and necessary attorneys’ fees and expenses, including court costs. After considering
the pleadings and other papers on file in this case and that the failure of Defendants to file an
answer or otherwise appear in the action has resulted in an admission by Defendants that all facts
alleged in the Plaintiff’s Original Petition are true.
It is, therefore, ORDERED, ADIUDGED and DECREED as follows:
l. The Motion is GRANTED.
2. Plaintiff shall have and recover of and from Defendants, jointly and severally, the
principal amount of $61 580.09, together with pre-judgment interest on the principal amount at the
rate of 6% per annum from the date the Action was filed, April 24, 2023, to the date this default
FINAL DEFAULT JUDGMENT - Page 1
judgment is signed, recoverable court costs of and reasonable attorneys’ fees of $4,5 14.08
(the “Total Amount”).
3. Plaintiff shall have and recover of and from Defendants, jointly and severally, post-
judgment interest at the rate of 8.25% per annum on the Total Amount from the date this Judgment
is signed until it is paid in full.
4. Plaintiff shall be entitled to all writs and process to enforce this Judgment.
5. This is a final judgment. All relief not specifically granted here in but requested is
denied.
8/ 1 4/2023”
Signed this
dge Pre 'd
FINAL DEFAULT JUDGMENT - Page 2
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FILED 12/5/2023 4:11 PM FELICIA PITRE DISTRICT CLERK 1 WRIT - ESERVE DALLAS CO., TEXAS Gwendolyn Thomas DEPUTY DC-23-20314 CAUSE NO. _________ CREST FOODS, INC., § IN THE DISTRICT COURT § Plaintiff/Judgment Creditor/Garnishor, § v. § § WELLS FARGO BANK, N.A., § § Garnishee, § § vs. § 192nd JUDICIAL DISTRICT OF § OHANYAN LLC, AND § § MICHAEL OGANYAN, § § Defendants/Judgment Debtors. § DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT Plaintiff-Judgment Creditor-Garnishor CREST FOODS, INC. (“Garnishor”), applies for a Writ of Garnishment against Garnishee WELLS FARGO BANK, N.A. (“Garnishee”) as follows: 1. Garnishor a corporation organized under the laws of the State of Texas and authorized to transact business in Texas. 2. Garnishee is a national bank with offices and branches located in the State of Texas. Garnishee may be served with the Writ of Garnishment through its registered agent: Corporation Service Company d/b/a CSC – Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218. 3. On August 14, 2023, Garnishor obtained a Judgment (“Judgment”), a true and correct copy of which is attached hereto as Exhibit “1,” in its favor in the above-styled and referenced action against all Defendants identified above, awarding Garnishor the following monetary damages in the amount of $61,580.09, together pre-judgment interest on the APPLICATION FOR WRIT OF GARNISHMENT - Page 1 principal amount at the rate of 6% per annum from the date the Action was filed, April 24, 2023, to the date the Judgment was signed until paid in full. 4. Plaintiff shall have and recover of and from Defendants, jointly and severally, post-judgment interest at the rate of 8.25% per annum on the Total Amount from the date this Judgment is signed until it is paid in full. 5. The judgment is presently due and payable in its full amount and is just, due, and unpaid. 6. Within Garnishor’ knowledge, the Defendants do not possess property in the State of Texas subject to execution that is sufficient to satisfy the above-described claim. 7. Garnishor has reason to believe, and does believe, that Garnishee is indebted to or has in hand effects and other property belonging to Defendants. 8. Garnishor is aware that the Defendants have one or more accounts or is holding other property subject to execution at Garnishee’s bank. 9. The last four digits of a known bank account for Defendant MKRTYCH OGANYAN aka MICHAEL OGANYAN is XXXX XX 1973. 10. The last four digits of Defendant MICHAEL OGANYAN are XXX-XX-1738. 11. Garnishor is not seeking to harass or injure the Garnishee or the Defendants by seeking issuance of a Writ of Garnishment. 12. Garnishor requests that the Court waive any bond that might be required for the issuance of a Writ of Garnishment. WHEREFORE PREMISES CONSIDERED, Garnishor request that the Court issue a Writ of Garnishment and that Garnishor have judgment against Garnishee to satisfy the Judgment, APPLICATION FOR WRIT OF GARNISHMENT - Page 2 together with all amounts set forth therein, as provided by law, together with all costs of court, and for such other and further relief to which Garnishor may be justly entitled. Dated: December 5, 2023. Respectfully submitted, AKERLY LAW PLLC By: /s/ Bruce W. Akerly Bruce W. Akerly Texas Bar No. 00953200 2785 Rockbrook Drive, Suite 201 Lewisville, Texas 75067 (469) 444-1878 Main (469) 444-1864 Direct (469) 444-1829 Facsimile bakerly@akerlylaw.com ATTORNEYS FOR JUDGMENT CREDITOR – PLAINTIFF - GARNISHOR APPLICATION FOR WRIT OF GARNISHMENT - Page 3 Verification I hereby certify that the factual assertions in the above and foregoing Application for Writ of Garnishment are true and correct to the bes dge. � : �� Bruce W. Akerly, Attorney/Agent State of Texas § § County of Denton § Before me, the undersigned Notary Public, on this day personally appeared Bruce W. Akerly who, being by me duly sworn on oath, deposed and said that he is the attorney/duly authorized agent for the Plaintiff-Gamishor in the above entitled and numbered cause; that he has read the above and foregoing Application for Writ of Garnishment and that every statement contained in the document is within his personal knowledge and is true and correct. C>aen.� 5+t. day of November SUBSCRIBED AND SWORN TO BEFORE ME on this--=- 2023 to certify which witness my hand and seal of office. {tir� ,,,����;:,,, LINDA WALKER Notary Public, State of Texas -:,�---�_.:,_�� Comm. Expires 03-22-2026 .,,,,�·of·�·,� 11 ,,111,,,,, Notary ID 6664843 Notary Public in and for the State of Texas SEAL: APPLICATION FOR WRIT OF GARNISHMENT - Page 4 EXHIBIT 1 CAUSE NO. DC-23-05 332 CREST FOODS, INC., § IN THE DISTRICT COURT § Plaintiffi § V. § § OHANYAN LLC, § § AND § 192m JUDICIAL DISTRICT OF § MICHAEL OGANYAN, § § Defendants. § DALLAS COUNTY, TEXAS FINAL DEFAULT JUDGMENT Before the Court is Plaintiff‘s Motion for Default Judgment (the “Motion”). Defendants, although properly served with citations, have failed to file a timely answer in this action. The allegations in the Petition are taken as true. The Court determined that it has jurisdiction over the subject matter and the parties in this proceeding. Plaintiff has demonstrated it is entitled to entry of Default Judgment against Defendants. Plaintiff has submitted an affidavit supporting allowance of reasonable and necessary attorneys’ fees and expenses, including court costs. After considering the pleadings and other papers on file in this case and that the failure of Defendants to file an answer or otherwise appear in the action has resulted in an admission by Defendants that all facts alleged in the Plaintiff’s Original Petition are true. It is, therefore, ORDERED, ADIUDGED and DECREED as follows: l. The Motion is GRANTED. 2. Plaintiff shall have and recover of and from Defendants, jointly and severally, the principal amount of $61 580.09, together with pre-judgment interest on the principal amount at the rate of 6% per annum from the date the Action was filed, April 24, 2023, to the date this default FINAL DEFAULT JUDGMENT - Page 1 judgment is signed, recoverable court costs of and reasonable attorneys’ fees of $4,5 14.08 (the “Total Amount”). 3. Plaintiff shall have and recover of and from Defendants, jointly and severally, post- judgment interest at the rate of 8.25% per annum on the Total Amount from the date this Judgment is signed until it is paid in full. 4. Plaintiff shall be entitled to all writs and process to enforce this Judgment. 5. This is a final judgment. All relief not specifically granted here in but requested is denied. 8/ 1 4/2023” Signed this dge Pre 'd FINAL DEFAULT JUDGMENT - Page 2