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CAUSE NO. 24-02-01941
STEFFANY KLUTTZ IN THE DISTRICT COURT
Plaintiff,
284th Judicial Court District
MONTGOMERY COUNTY
BANK OFAMERICA,N.A.
Garnishee.
BRIAN CHRISTOPHER GERMAN
Judgment Debtor. JUDICIAL DISTRICT
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
BANK OF AMERICA, N.A., GARNISHEE
Plaintiff and judgment creditor, Steffany Kluttz, applies for a writ of gamishment after
judgment and in support thereof shows the following:
Garnishee
Bank Name or Credit Card
Account Holder | Account Number
Merchant
Brian
Bank of America, N.A. Christopher unknown
German
Bank of America, N.A. (“Garnishee ") may be served with notice of this suit and the writ
requested by service of citation upon its registered agent, C T Corporation System, 1999
Bryan Street, Suite 900, Dallas, Texas
Judgment Debtor, Brian Christopher German, is an individual residing in Montgomery
County, Texas
Plaintiff is the judgment creditor of a valid and subsisting judgment Final Judgment
Against Defendant, Brian Christopher German, signed on March 1 in Cause
Number filed in the 284 District Court of Harris County, Texas. The
judgment became final on March 31, 2023
4. The judgment is calculated as follows as of February 5, 2024:
Actual Damages $492,440.96
Attomey’s Fees $100,000
Court Costs $497.02
Post-judgment Interest at 7.5% on the entire judgment
$41,546.27
from March 1, 2023 to February 5, 2024
Post J udgment Interest
Total As of February 5, 2024 $634,484.25
is $121.84 A Day
A true and correct copy of the judgment is attached as Exhibit 1.
The judgment is valid, subsisting, and wholly unsatisfied. Plaintiff has reason to believe
and does believe that Garnishee has property belonging to Judgment Debtor or is
indebted to Judgment Debtor by virtue of, but not limited to, account(s) with Gamishee.
Within Plaintiff's knowledge, Judgment Debtor does not possess property within the
state that is subject to execution that is sufficient to satisfy the Texas Judgment. This
garnishment is not sought to injure either Judgment Debtor or Garnishee.
The last known address of Judgment Debtor is:
Brian Christopher German
29019 Geneva Drive
Spring, Texas 77386-2306
Plaintiff is entitled to the issuance of a writ of gamishment on the grounds stated in the
Declaration of Kelly Prather attached as Exhibit 2.
Plaintiff has or will incur costs of court to prosecute this action.
Prayer
For the foregoing reasons, Plaintiff prays that she has judgment for:
1 A Writ of Garmishment issue and be served on Garnishee;
ii. Plaintiff have judgment against Gamishee for the full amount necessary to
satisfy the Texas Judgment, together with costs of court incurred herein;
iii. Plaintiff have judgment for post-judgment interest on the judgment in this
gamishment proceeding at the legal rate per annum from the date of
judgment until paid; and
Iv. Plaintiff be granted such other and further relief to which Plaintiff may be
justly entitled.
Respectfully Submitted,
The Greenwood Prather Law Firm PC
By:_/s/ Kelly G. Prather
Kelly Greenwood Prather
TBA: 00796670
2009 North Durham Drive
Houston, Texas 77008
713-333-3200 telephone
713-621-1449 facsimile
kelly@ greenwoodprather.com
Attorney for Judgment Creditor
RECEIVED AND FILED
i COR}
"Clock~= M.
MAR 01 2023
CAUSE NO. 22-02-01806 trict Clerk
exas
Deputy
STEFFANY KLUTTZ § IN THE DISTRICT COl
vs. § MONTGOMERY COUNTY
BRIAN CHRISTOPHER GERMAN § 284% JUDICIAL DISTRICT
FINAL JUDGMENT
The Court called the above-styled case to trial. ‘Plaintiff, Steffany Kluttz appeared
Christe ner ans
for trial. Defendant, Brian Christian German, appeared for trial.
Christreren aus
The Court finds that Defendant, Brian Christran German, Defendant executed a
promissory
note and that Plaintiff, Stefany Klutz, is the holder of the promissory note
through an assignment. The Court finds that Defendant has failed to comply with the
terms of the promissory note. The Court finds that Plaintiff is entitled to collect the
outstanding balance owed on the note in the amount of $492,440.96. The Court also
finds that Plaintiff incurred attorney’s fees.
It is therefore ORDERED that Plaintiff, Steffany Kluttz, have and recover from
Christo aus
Defendant, Brian Christian German, the following:
1. Actual damages in the amount of $492,440.96;
2. The reasonable cost of the necessary legal services to prosecute this lawsuit
pursuantto Texas Business & Commerce Code § 17.50(d) as follows:
a For representation through trial and the completion of the proceedings
in trial court: $100,000;
For representation for a motion for new trial: $2500;
For representation for a motion for judgment non obstante verdict:
$2500;
For representation through the = to the Court of Appeals:
$12,500;
e. For representation at the petition for review stage in the Supreme
Court of Texas: $7,500;
f. For representation at the merits briefing stage in the Supreme Court of
Texas: $7,500; |
g. For representation through oral argument and the completion of the
proceedings in'the Supreme Court of Texas: $5000.
3. Taxable court costs; and
4. Post-judgment interest at the rate of five percent (7.5%) on the entire
judgment until the judgment is satisfied.
This is a FINAL and APPEALABLE JUDGMENT that disposes of all claims and
all parties.
Signed on: Mater |, 2073.
Judge
toa
CAUSE NO.
STEFFANY KLUTTZ IN THE DISTRICT COURT OF
Plaintiff, 4
VS. MONTGOMERY COUNTY
BANK OF AMERICA, N.A.
Garnishee.
BRIAN CHRISTOPHER GERMAN
Judgment Debtor. JUDICIAL DISTRICT
DECLARATION OF KELLY PRATHER
IN SUPPORT OF WRIT OF GARNISHMENT AFTER JUDGMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
My name is Kelly Greenwood
Prather. My date of. birth is December16, 19XX. My
business address is 2009 North Durham Drive, Houston, Texas 77008. I am more than
18 years of age. I am of sound mind. I have never been convicted of a crime of moral
turpitude or felony. I declare under penalty of. perjury:
I have personal knowledge of the statements made herein. The statements contained
herein are true and correct.
1 am an attorney in good standing duly licensed to practice law in the State of Texas since
1996. The information contained in this Affidavit is within my personal knowledge
based upon my representation of Plaintiff in this and other matters and the information
contained
herein is true and correct.
I represent Steffany Kluttz in this case. I have personal knowledge of the outstanding
judgment owed by Brian Christopher German to Steffany Kluttz.
Plaintiff is the judgment creditor of a valid and subsisting judgment entitled Final
Judgment signed on March 1, 2023 in Cause Number 22-02-01806 filed in 284" District
Court of Montgomery County, Texas. The judgment became final on March 31, 2023.
The judgment is against Brian Christopher German
The judgment is calculated
as follows:
Actual Damages $492,440.96
Attorney’s Fees $100,000
Court Costs $497.02
.
Post-judgment Interest at 7.5% on the entire
judgment from March 1, 202 3
to February 5, $41,546.27
2024
2
Post Judgment Interest
Total As of February 5, 2024 $634,484.25 is $121.84 A Day
Actual Damages $492,440.96
Attorney’s Fees $100,000
Court Costs ‘ $497.02
A true and correct copy ofthe judgpient is attached as Exhibit 1
The judgment is valid, subsisting, and wholly unsatisfied. Plaintiff has reason to believe
has property belonging to Judgment Debtor or is
and does believe that Garishee'
indebted to Judgment Debtor by virtue of, but not limited to, account(s) with Garnishee.
Within Plaintiff's knowledge, Judgment Debtor does not possess property within the state
that is subject to execution that is sufficient to satisfy the Texas Judgment.
This Garnishment is not sought to injure either the Judgment Debtor or Garnishee.
Executed in Harris County, State of T on the Sth day February, 2024.
tn, WW. Pot,
~ Kelly Greenwood Prather
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CAUSE NO. 24-02-01941 STEFFANY KLUTTZ IN THE DISTRICT COURT Plaintiff, 284th Judicial Court District MONTGOMERY COUNTY BANK OFAMERICA,N.A. Garnishee. BRIAN CHRISTOPHER GERMAN Judgment Debtor. JUDICIAL DISTRICT APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT BANK OF AMERICA, N.A., GARNISHEE Plaintiff and judgment creditor, Steffany Kluttz, applies for a writ of gamishment after judgment and in support thereof shows the following: Garnishee Bank Name or Credit Card Account Holder | Account Number Merchant Brian Bank of America, N.A. Christopher unknown German Bank of America, N.A. (“Garnishee ") may be served with notice of this suit and the writ requested by service of citation upon its registered agent, C T Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas Judgment Debtor, Brian Christopher German, is an individual residing in Montgomery County, Texas Plaintiff is the judgment creditor of a valid and subsisting judgment Final Judgment Against Defendant, Brian Christopher German, signed on March 1 in Cause Number filed in the 284 District Court of Harris County, Texas. The judgment became final on March 31, 2023 4. The judgment is calculated as follows as of February 5, 2024: Actual Damages $492,440.96 Attomey’s Fees $100,000 Court Costs $497.02 Post-judgment Interest at 7.5% on the entire judgment $41,546.27 from March 1, 2023 to February 5, 2024 Post J udgment Interest Total As of February 5, 2024 $634,484.25 is $121.84 A Day A true and correct copy of the judgment is attached as Exhibit 1. The judgment is valid, subsisting, and wholly unsatisfied. Plaintiff has reason to believe and does believe that Garnishee has property belonging to Judgment Debtor or is indebted to Judgment Debtor by virtue of, but not limited to, account(s) with Gamishee. Within Plaintiff's knowledge, Judgment Debtor does not possess property within the state that is subject to execution that is sufficient to satisfy the Texas Judgment. This garnishment is not sought to injure either Judgment Debtor or Garnishee. The last known address of Judgment Debtor is: Brian Christopher German 29019 Geneva Drive Spring, Texas 77386-2306 Plaintiff is entitled to the issuance of a writ of gamishment on the grounds stated in the Declaration of Kelly Prather attached as Exhibit 2. Plaintiff has or will incur costs of court to prosecute this action. Prayer For the foregoing reasons, Plaintiff prays that she has judgment for: 1 A Writ of Garmishment issue and be served on Garnishee; ii. Plaintiff have judgment against Gamishee for the full amount necessary to satisfy the Texas Judgment, together with costs of court incurred herein; iii. Plaintiff have judgment for post-judgment interest on the judgment in this gamishment proceeding at the legal rate per annum from the date of judgment until paid; and Iv. Plaintiff be granted such other and further relief to which Plaintiff may be justly entitled. Respectfully Submitted, The Greenwood Prather Law Firm PC By:_/s/ Kelly G. Prather Kelly Greenwood Prather TBA: 00796670 2009 North Durham Drive Houston, Texas 77008 713-333-3200 telephone 713-621-1449 facsimile kelly@ greenwoodprather.com Attorney for Judgment Creditor RECEIVED AND FILED i COR} "Clock~= M. MAR 01 2023 CAUSE NO. 22-02-01806 trict Clerk exas Deputy STEFFANY KLUTTZ § IN THE DISTRICT COl vs. § MONTGOMERY COUNTY BRIAN CHRISTOPHER GERMAN § 284% JUDICIAL DISTRICT FINAL JUDGMENT The Court called the above-styled case to trial. ‘Plaintiff, Steffany Kluttz appeared Christe ner ans for trial. Defendant, Brian Christian German, appeared for trial. Christreren aus The Court finds that Defendant, Brian Christran German, Defendant executed a promissory note and that Plaintiff, Stefany Klutz, is the holder of the promissory note through an assignment. The Court finds that Defendant has failed to comply with the terms of the promissory note. The Court finds that Plaintiff is entitled to collect the outstanding balance owed on the note in the amount of $492,440.96. The Court also finds that Plaintiff incurred attorney’s fees. It is therefore ORDERED that Plaintiff, Steffany Kluttz, have and recover from Christo aus Defendant, Brian Christian German, the following: 1. Actual damages in the amount of $492,440.96; 2. The reasonable cost of the necessary legal services to prosecute this lawsuit pursuantto Texas Business & Commerce Code § 17.50(d) as follows: a For representation through trial and the completion of the proceedings in trial court: $100,000; For representation for a motion for new trial: $2500; For representation for a motion for judgment non obstante verdict: $2500; For representation through the = to the Court of Appeals: $12,500; e. For representation at the petition for review stage in the Supreme Court of Texas: $7,500; f. For representation at the merits briefing stage in the Supreme Court of Texas: $7,500; | g. For representation through oral argument and the completion of the proceedings in'the Supreme Court of Texas: $5000. 3. Taxable court costs; and 4. Post-judgment interest at the rate of five percent (7.5%) on the entire judgment until the judgment is satisfied. This is a FINAL and APPEALABLE JUDGMENT that disposes of all claims and all parties. Signed on: Mater |, 2073. Judge toa CAUSE NO. STEFFANY KLUTTZ IN THE DISTRICT COURT OF Plaintiff, 4 VS. MONTGOMERY COUNTY BANK OF AMERICA, N.A. Garnishee. BRIAN CHRISTOPHER GERMAN Judgment Debtor. JUDICIAL DISTRICT DECLARATION OF KELLY PRATHER IN SUPPORT OF WRIT OF GARNISHMENT AFTER JUDGMENT STATE OF TEXAS § COUNTY OF HARRIS § My name is Kelly Greenwood Prather. My date of. birth is December16, 19XX. My business address is 2009 North Durham Drive, Houston, Texas 77008. I am more than 18 years of age. I am of sound mind. I have never been convicted of a crime of moral turpitude or felony. I declare under penalty of. perjury: I have personal knowledge of the statements made herein. The statements contained herein are true and correct. 1 am an attorney in good standing duly licensed to practice law in the State of Texas since 1996. The information contained in this Affidavit is within my personal knowledge based upon my representation of Plaintiff in this and other matters and the information contained herein is true and correct. I represent Steffany Kluttz in this case. I have personal knowledge of the outstanding judgment owed by Brian Christopher German to Steffany Kluttz. Plaintiff is the judgment creditor of a valid and subsisting judgment entitled Final Judgment signed on March 1, 2023 in Cause Number 22-02-01806 filed in 284" District Court of Montgomery County, Texas. The judgment became final on March 31, 2023. The judgment is against Brian Christopher German The judgment is calculated as follows: Actual Damages $492,440.96 Attorney’s Fees $100,000 Court Costs $497.02 . Post-judgment Interest at 7.5% on the entire judgment from March 1, 202 3 to February 5, $41,546.27 2024 2 Post Judgment Interest Total As of February 5, 2024 $634,484.25 is $121.84 A Day Actual Damages $492,440.96 Attorney’s Fees $100,000 Court Costs ‘ $497.02 A true and correct copy ofthe judgpient is attached as Exhibit 1 The judgment is valid, subsisting, and wholly unsatisfied. Plaintiff has reason to believe has property belonging to Judgment Debtor or is and does believe that Garishee' indebted to Judgment Debtor by virtue of, but not limited to, account(s) with Garnishee. Within Plaintiff's knowledge, Judgment Debtor does not possess property within the state that is subject to execution that is sufficient to satisfy the Texas Judgment. This Garnishment is not sought to injure either the Judgment Debtor or Garnishee. Executed in Harris County, State of T on the Sth day February, 2024. tn, WW. Pot, ~ Kelly Greenwood Prather