Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
NO.
TBF Financial, LLC
Plaintiff/ Garnishor
Simmons Bank
Garnishee
Montgomery County, Texas
Crestwood Homes and Construction
Lisette Germaine Robert Mendez
Defendant(s)
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
TBF Financial, LLC, Plaintiff/Garnishor, whose address is 870
Sheridan Rd., Highwood, Illinois 60040 makes this Application for Writ of Garnishment
After Judgment. Plaintiff is authorized to do business in Texas.
2 Garnishee is Simmons Bank, who can be served with a writ of garnishment
on its registered/ service agent, Charles K. Eastman, 2200 West 7 St., Suite 212, Fort
Worth, Tarrant Co., Texas 76107.
. Plaintiff owns a judgment against Defendants Crestwood Homes and
Construction LLC and Lisette Germaine Robert Mendez. The original judgment was
rendered on February 21, 2018 in Case/ Index No. EF002085-2018, Pearl Delta Funding,
LLC v. Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, in the
Supreme Court of New York, Orange County, New York. On or about May 25, 2023, Pearl
Delta Funding, LLC sold, transferred and assigned its judgment to Plaintiff.
On June 16, 2023, Plaintiff, TBF Financial, LLC, filed a Notice of Foreign Judgment in
Case No. 23-06-08696, TBF Financial, LLC v. Crestwood Homes and Construction LLC and
Lisette Germaine Robert Mendez, 284" District Court, Montgomery County, Texas. The
Notice of Foreign Judgment included an exemplified copy of the Pearl Delta Funding, LLC
judgment plus Pearl Delta Funding, LLC’s Assignment of Judgment to Plaintiff. Plaintiff
requests the court to take judicial notice of all pleadings and documents filed in Case No.
23-06-08696.
4 Within Plaintiffs knowledge, Defendant Crestwood Homes and Construction
LLC and Defendant Lisette Germaine Robert Mendez do not possess property in Texas
subject to execution sufficient to satisfy the judgment. This garnishment is not sought to
injure Defendants or Garnishee.
5 The original February 21, 2018 judgment awarded the following amounts
against Defendants:
$62,299.00 as the principal amount due;
$163.85 prejudgment interest
$15,574.75 attorney's fees;
$225.00 costs of court;
$78,262.90 total judgment
Post judgment interest accrues at the rate of 9.0 percent per year on the total
judgment from the date of judgment until paid (per New York CPLRS Art. 50, §5003)
6. The judgment is final, valid and subsisting under both New York and Texas
law. No supersedeas bond was approved or filed to suspend execution of the judgment.
7 Payments or credits applied to the judgment: None
8 The total amount due and unpaid on the judgment as of January 4, 2024 was
$119,617.42 calculated as follows:
$62,299.00 principal
$163.85 prejudgment interest
$15,574.75 attorney fees
$225.00 court costs
$78,262.90 Total judgment on February 21,2018
4$41,354.82 9.0% post judgment interest from February 21, 2018 to
January 4, 2024 with any payments or credits applied
$119,617.42 Total amount due as of January 4, 2024
Interest continues to accrue at 9.0% per year.
9 Plaintiff seeks a writ of garnishment against Defendants.
10. Affidavit. Plaintiff is entitled to the issuance of a writ of garnishment on the
grounds stated in the attached affidavit. The affidavit is incorporated in this application by
reference.
11. Prayer. Plaintiff prays that-
a. a writ of garnishment be issued directed to Garnishee;
b. Plaintiff be granted judgment against Garnishee for the amount now due on
Plaintiff's judgment already rendered against Defendant, Lucas Menjivar, together with
interest and costs of the suit in the original case and in this garnishment proceeding;
c. Plaintiff be granted judgment for prejudgment and post judgment interest at the
highest rate allowed by law; and
d. Plaintiff be granted all further relief to which Plaintiff may be entitled.
Respectfully submitted,
Michael S. Holmes, P.C.
By: /s/ Michael S.
Holmes
Michael S. Holmes
Texas Bar No. 09908250
Email: mshpclaw@gmail.com
9708 Hillcroft St.
Houston, Texas 77096
Tel. (713) 723-6500
Fax. (713) 728-0084
Attorney for Plaintiff
TBF Financial, LLC
Attached: Affidavit
NO.
TBF Financial, LLC
Plaintiff
V
Simmons Bank
Garnishee
Montgomery County, Texas
and
Crestwood Homes and Construction
LLC, and
Lisette Germaine Robert Mendez
Defendant(s)
AFFIDAVIT IN SUPPORT OF
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared Adam
Boehm, who swore on oath that the following facts are true:
“Tam a manager of Plaintiff in this cause. Iam authorized to make this affidavit to
support an application for a writ of garnishment after judgment in this cause. lam over
18 years of age.
"| have personal knowledge of the facts stated in this affidavit, and they are true and
correct.
"Plaintiff owns a judgment against Defendants Crestwood Homes and Construction
LLC and Lisette Germaine Robert Mendez. The original judgment was rendered on
February 21, 2018 in Case/Index No. EF002085-2018, Pearl Delta Funding, LLC v.
Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, in the
Supreme Court of New York, Orange County, New York. On or about May 25, 2023, Pearl
Delta Funding, LLC sold, transferred and assigned its judgment to Plaintiff.
“On June 16, 2023, Plaintiff, TBF Financial, LLC, filed a Notice of Foreign Judgment in
Case No. 23-06-08696, TBF Financial, LLC v. Crestwood Homes and Construction LLC and
Lisette Germaine Robert Mendez, 284» District Court, Montgomery County, Texas. The
Notice of Foreign Judgment included an exemplified copy of the Pearl Delta Funding, LLC
judgment and an Assignment of Judgment from Pearl Delta Funding, LLC to Plaintiff
“The original judgment in the amount of $78,262.60 awarded on February 21, 2018
the following amounts to Pearl Delta Funding LLC:
1 $62,299.00 as the principal amount due;
2 $163.85 prejudgment interest;
3 $15,574.75 as attorney's fees;
4 $225.00 costs of court; and
“Post judgment interest accrues at the rate of 9.0 percent per year on the total
judgment from the date of judgment until paid (per New York CPLRS Art. 50, §5003)
‘The judgment is final, valid and subsisting. No supersedeas bond was approved
or filed to suspend execution of the judgment.
“Payments and credits applied to judgment: None
“The total amount due and unpaid on the judgment as of January 4, 2024 was
$119,617.42 calculated as follows:
$62,299.00 principal
$163.85 prejudgment interest
$15,574.75 attorney fees
$225.00 court costs
$78,262.90 Total judgment on February 21, 2018
+$41,354.82 9.0 % post judgment interest from February 21, 2018 to January 4,
2024 with any payments or credits applied
$119.617.42 Total amount due as of January 4, 2024
Interest continues to accrue at 9.0% per year.
“Plaintiff seeks a writ of garnishment against Defendants. Within my knowledge,
Defendants do not possess property in Texas subject to execution sufficient to satisfy the
judgment. This garnishment is not sought to injure Defendants or Garnishee.
“Plaintiff and its agents have conducted a search in Montgomery County, Texas to
determine if Defendants have any non-exempt real property subject to execution. The
search has determined that Defendants do not own any non-exempt real property in
Montgomery County, Texas.
“Also, Defendants were served with post judgment discovery by certified mail and
U.S. Mail, first class on July 18, 2023. Defendants received the discovery. Defendants
responded to the discovery requests but no non-exempt property subject to execution was
disclosed.
"I have reason to believe and do believe that Garnishee has property belonging to
Defendant Lisette Germaine Robert Mendez or is indebted to Defendant Lisette Germain
Robert Mendez This belief is based on a search of a database that affiant subscribes to
and uses to locate bank and other assets of judgment debtors. The search was conducted
with Defendant Lisette Germaine Robert Mendez's social security number and date of birth.
The search results showed that Defendant Lisette Germaine Robert Mendez has a bank
account at Simmons Bank”
Lie La
Adam Boehm as manager of TBF Financial, LLC
Affiant
STATE OF ILLINOIS
COUNTY OF LAKE
SWORN AND SIGNED ee
under oath before me on Januar S 2024 by
Adam Boehm.
Nota: Pullic, State of Illinois
OFFICIAL SEAL
ELIZABETH MOORE
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES: 04/02/2027
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. NO. TBF Financial, LLC Plaintiff/ Garnishor Simmons Bank Garnishee Montgomery County, Texas Crestwood Homes and Construction Lisette Germaine Robert Mendez Defendant(s) APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT TBF Financial, LLC, Plaintiff/Garnishor, whose address is 870 Sheridan Rd., Highwood, Illinois 60040 makes this Application for Writ of Garnishment After Judgment. Plaintiff is authorized to do business in Texas. 2 Garnishee is Simmons Bank, who can be served with a writ of garnishment on its registered/ service agent, Charles K. Eastman, 2200 West 7 St., Suite 212, Fort Worth, Tarrant Co., Texas 76107. . Plaintiff owns a judgment against Defendants Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez. The original judgment was rendered on February 21, 2018 in Case/ Index No. EF002085-2018, Pearl Delta Funding, LLC v. Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, in the Supreme Court of New York, Orange County, New York. On or about May 25, 2023, Pearl Delta Funding, LLC sold, transferred and assigned its judgment to Plaintiff. On June 16, 2023, Plaintiff, TBF Financial, LLC, filed a Notice of Foreign Judgment in Case No. 23-06-08696, TBF Financial, LLC v. Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, 284" District Court, Montgomery County, Texas. The Notice of Foreign Judgment included an exemplified copy of the Pearl Delta Funding, LLC judgment plus Pearl Delta Funding, LLC’s Assignment of Judgment to Plaintiff. Plaintiff requests the court to take judicial notice of all pleadings and documents filed in Case No. 23-06-08696. 4 Within Plaintiffs knowledge, Defendant Crestwood Homes and Construction LLC and Defendant Lisette Germaine Robert Mendez do not possess property in Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure Defendants or Garnishee. 5 The original February 21, 2018 judgment awarded the following amounts against Defendants: $62,299.00 as the principal amount due; $163.85 prejudgment interest $15,574.75 attorney's fees; $225.00 costs of court; $78,262.90 total judgment Post judgment interest accrues at the rate of 9.0 percent per year on the total judgment from the date of judgment until paid (per New York CPLRS Art. 50, §5003) 6. The judgment is final, valid and subsisting under both New York and Texas law. No supersedeas bond was approved or filed to suspend execution of the judgment. 7 Payments or credits applied to the judgment: None 8 The total amount due and unpaid on the judgment as of January 4, 2024 was $119,617.42 calculated as follows: $62,299.00 principal $163.85 prejudgment interest $15,574.75 attorney fees $225.00 court costs $78,262.90 Total judgment on February 21,2018 4$41,354.82 9.0% post judgment interest from February 21, 2018 to January 4, 2024 with any payments or credits applied $119,617.42 Total amount due as of January 4, 2024 Interest continues to accrue at 9.0% per year. 9 Plaintiff seeks a writ of garnishment against Defendants. 10. Affidavit. Plaintiff is entitled to the issuance of a writ of garnishment on the grounds stated in the attached affidavit. The affidavit is incorporated in this application by reference. 11. Prayer. Plaintiff prays that- a. a writ of garnishment be issued directed to Garnishee; b. Plaintiff be granted judgment against Garnishee for the amount now due on Plaintiff's judgment already rendered against Defendant, Lucas Menjivar, together with interest and costs of the suit in the original case and in this garnishment proceeding; c. Plaintiff be granted judgment for prejudgment and post judgment interest at the highest rate allowed by law; and d. Plaintiff be granted all further relief to which Plaintiff may be entitled. Respectfully submitted, Michael S. Holmes, P.C. By: /s/ Michael S. Holmes Michael S. Holmes Texas Bar No. 09908250 Email: mshpclaw@gmail.com 9708 Hillcroft St. Houston, Texas 77096 Tel. (713) 723-6500 Fax. (713) 728-0084 Attorney for Plaintiff TBF Financial, LLC Attached: Affidavit NO. TBF Financial, LLC Plaintiff V Simmons Bank Garnishee Montgomery County, Texas and Crestwood Homes and Construction LLC, and Lisette Germaine Robert Mendez Defendant(s) AFFIDAVIT IN SUPPORT OF APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Adam Boehm, who swore on oath that the following facts are true: “Tam a manager of Plaintiff in this cause. Iam authorized to make this affidavit to support an application for a writ of garnishment after judgment in this cause. lam over 18 years of age. "| have personal knowledge of the facts stated in this affidavit, and they are true and correct. "Plaintiff owns a judgment against Defendants Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez. The original judgment was rendered on February 21, 2018 in Case/Index No. EF002085-2018, Pearl Delta Funding, LLC v. Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, in the Supreme Court of New York, Orange County, New York. On or about May 25, 2023, Pearl Delta Funding, LLC sold, transferred and assigned its judgment to Plaintiff. “On June 16, 2023, Plaintiff, TBF Financial, LLC, filed a Notice of Foreign Judgment in Case No. 23-06-08696, TBF Financial, LLC v. Crestwood Homes and Construction LLC and Lisette Germaine Robert Mendez, 284» District Court, Montgomery County, Texas. The Notice of Foreign Judgment included an exemplified copy of the Pearl Delta Funding, LLC judgment and an Assignment of Judgment from Pearl Delta Funding, LLC to Plaintiff “The original judgment in the amount of $78,262.60 awarded on February 21, 2018 the following amounts to Pearl Delta Funding LLC: 1 $62,299.00 as the principal amount due; 2 $163.85 prejudgment interest; 3 $15,574.75 as attorney's fees; 4 $225.00 costs of court; and “Post judgment interest accrues at the rate of 9.0 percent per year on the total judgment from the date of judgment until paid (per New York CPLRS Art. 50, §5003) ‘The judgment is final, valid and subsisting. No supersedeas bond was approved or filed to suspend execution of the judgment. “Payments and credits applied to judgment: None “The total amount due and unpaid on the judgment as of January 4, 2024 was $119,617.42 calculated as follows: $62,299.00 principal $163.85 prejudgment interest $15,574.75 attorney fees $225.00 court costs $78,262.90 Total judgment on February 21, 2018 +$41,354.82 9.0 % post judgment interest from February 21, 2018 to January 4, 2024 with any payments or credits applied $119.617.42 Total amount due as of January 4, 2024 Interest continues to accrue at 9.0% per year. “Plaintiff seeks a writ of garnishment against Defendants. Within my knowledge, Defendants do not possess property in Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure Defendants or Garnishee. “Plaintiff and its agents have conducted a search in Montgomery County, Texas to determine if Defendants have any non-exempt real property subject to execution. The search has determined that Defendants do not own any non-exempt real property in Montgomery County, Texas. “Also, Defendants were served with post judgment discovery by certified mail and U.S. Mail, first class on July 18, 2023. Defendants received the discovery. Defendants responded to the discovery requests but no non-exempt property subject to execution was disclosed. "I have reason to believe and do believe that Garnishee has property belonging to Defendant Lisette Germaine Robert Mendez or is indebted to Defendant Lisette Germain Robert Mendez This belief is based on a search of a database that affiant subscribes to and uses to locate bank and other assets of judgment debtors. The search was conducted with Defendant Lisette Germaine Robert Mendez's social security number and date of birth. The search results showed that Defendant Lisette Germaine Robert Mendez has a bank account at Simmons Bank” Lie La Adam Boehm as manager of TBF Financial, LLC Affiant STATE OF ILLINOIS COUNTY OF LAKE SWORN AND SIGNED ee under oath before me on Januar S 2024 by Adam Boehm. Nota: Pullic, State of Illinois OFFICIAL SEAL ELIZABETH MOORE NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES: 04/02/2027