Preview
FILED
2/6/2024 12:19 PM
2 CIT ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Shunta Jackson DEPUTY
DC-24-01832
CAUSE NO. - - - - -
BANKERS HEALTHCARE GROUP, LLC § IN THE DISTRICT COURT
Plaintiff §
vs. § DALLASCOUNTY,TEXAS
§
PRICELESS BEAUTY SP A, LLC, § 162nd
and JUANITA R. PRICE, §
Defendant § JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE COURT:
BANKERS HEALTHCARE GROUP, LLC (the "Plaintiff') complains of PRICELESS
BEAUTY SPA, LLC (Defendant "COMPANY"), and JUANITA R. PRICE (Defendant "PRICE")
(collectively the "Defendants") and respectfully shows the following:
A. Discovery Control Plan
1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure this is a Level 1 suit as
Plaintiff affirmatively pleads that it seeks only monetary damages aggregating $250,000.00 or less,
exclusive of interest, costs, and attorney's fees.
B. Parties, Jurisdiction, and Venue
2. Plaintiff is a company lawfully doing business in the State of Texas.
3. Defendant COMPANY, is a limited liability company duly authorized to do
business in Texas, and can be served by serving its Registered Agent, Juanita Renee Price, at 1021
June Bug Lane, Desoto, Texas 75115, or any other place where she may be found.
4. Defendant PRICE, is an individual residing at 1021 June Bug Lane, Desoto, Texas
7 5115. She can be served at that address, or any other place where she may be found.
5. This Court has jurisdiction over this lawsuit because the amount in controversy is
within the jurisdictional limits of the Court.
1
6. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff is seeking only
monetary relief of $250,000.00 or less, including damages of any kind, penalties, costs, expenses,
pre-judgment interest, and attorney fees.
7. Venue is proper in Dallas County, Texas because it is the county in which the
Defendants reside.
C. The Facts
8. On or about July 12, 2022, Defendants executed a Financing Agreement Limited
Liability Company (LLC) Promissory Note/Security Agreement/'Personal. Guaranty ("Contract
1") in the original amount financed of $24,395.00. Contract 1 was subsequently assigned to
Plaintiff.
9. Defendants defaulted on Contract 1 by failing to pay monthly as they became due.
Therefore, Plaintiff accelerated the maturity of Contract 1.
10. After accounting for all lawful offsets, payments, and credits, a net unpaid balance
of $23,245.05 as of December 5, 2023, is due on Contract 1, for which Plaintiff now sues.
11. All conditions precedent to Plaintiff recovering judgment against Defendants have
occurred.
12. Additionally, on or about July 28, 2022, Defendants executed a Financing
Agreement Limited Liability Company (LLC) Promissory Note/Security Agreement/'Personal.
Guaranty ("Contract 2") in the original amount financed of $61,845.00. Contract 2 was
subsequently assigned to Plaintiff.
13. Defendants defaulted on Contract 2 by failing to pay monthly as they became due.
Therefore, Plaintiff accelerated the maturity of Contract. 2
2
14. After accounting for all lawful offsets, payments, and credits, a net unpaid balance
of $58,776.88, as of December 5, 2023, is due on Contract 2, for which Plaintiff now sues.
15. Plaintiff is entitled to enforce Contract 1 and Contract 2 (collectively the
"Contracts") and to collect all sums due under their terms.
16. All conditions precedent to Plaintiff recovering judgment against Defendants have
occurred.
D. Attorney's Fees
17. Due to Defendants' default, Plaintiff has retained the law firm of Offerman & King,
L.L.P. to enforce the Contracts, and Plaintiff has agreed to pay the undersigned attorneys a
reasonable fee. As shown by the Contracts, Defendants agreed to pay reasonable attorney's fees
for the collection in the event of default. A reasonable fee for the attorney's services rendered and
to be rendered in the trial court is at least $3,000.00. Plaintiff further seeks reasonable attorney's
fees in the event of any appeals or applications for writ of error.
E. Prayer
18. Because of the foregoing, Plaintiff prays the Court will cite Defendants to appear
and answer in this case and that after final trial, Plaintiff have judgment against Defendants,
PRICELESS BEAUTY SPA, LLC, and JUANITA R. PRICE, jointly and severally, as follows:
a. For the net unpaid balance due on Contract 1 of$23,245.05, as of December
5, 2023;
b. For the net unpaid balance due on Contract 2 of $58,776.88, as of
December 5, 2023;
c. Reasonable attorney's fees of at least $3,000.00 for the services of Plaintiffs
attorney in the trial court plus its reasonable attorney's fees in the event of
any appeals or application for writ of error;
d. All costs of Court;
3
e. Post-judgment interest at the maximum rate provided by the Contracts
and/or Texas law, on the total amount of the judgment, from the date of
judgment until paid; and
f. Such other and further relief to which Plaintiff may be shown to be justly
entitled to receive.
Respectfully submitted,
OFFERMAN & KING, L.L.P.
BY: ls/James W. King
JAMES W. KING
TBA NO. 00791029
6420 WELLINGTON PLACE
BEAUMONT, TX 77706
(409) 860-9000 - Phone
(409) 860-9199 - Fax
jwk@offermanking.com
ATTORNEY IN CHARGE FOR PLAINTIFF,
BANKERS HEALTHCARE GROUP, LLC
4
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.
James King on behalf of James Wallace King
Bar No. 791029
jking@offermanking.com
Envelope ID: 84195697
Filing Code Description: Original Petition
Filing Description:
Status as of 2/6/2024 2:32 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
James Wallace King 791029 jwk@offermanking.com 2/6/2024 12:19:27 PM ERROR
Preview
FILED 2/6/2024 12:19 PM 2 CIT ESERVE FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Shunta Jackson DEPUTY DC-24-01832 CAUSE NO. - - - - - BANKERS HEALTHCARE GROUP, LLC § IN THE DISTRICT COURT Plaintiff § vs. § DALLASCOUNTY,TEXAS § PRICELESS BEAUTY SP A, LLC, § 162nd and JUANITA R. PRICE, § Defendant § JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE COURT: BANKERS HEALTHCARE GROUP, LLC (the "Plaintiff') complains of PRICELESS BEAUTY SPA, LLC (Defendant "COMPANY"), and JUANITA R. PRICE (Defendant "PRICE") (collectively the "Defendants") and respectfully shows the following: A. Discovery Control Plan 1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure this is a Level 1 suit as Plaintiff affirmatively pleads that it seeks only monetary damages aggregating $250,000.00 or less, exclusive of interest, costs, and attorney's fees. B. Parties, Jurisdiction, and Venue 2. Plaintiff is a company lawfully doing business in the State of Texas. 3. Defendant COMPANY, is a limited liability company duly authorized to do business in Texas, and can be served by serving its Registered Agent, Juanita Renee Price, at 1021 June Bug Lane, Desoto, Texas 75115, or any other place where she may be found. 4. Defendant PRICE, is an individual residing at 1021 June Bug Lane, Desoto, Texas 7 5115. She can be served at that address, or any other place where she may be found. 5. This Court has jurisdiction over this lawsuit because the amount in controversy is within the jurisdictional limits of the Court. 1 6. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff is seeking only monetary relief of $250,000.00 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. 7. Venue is proper in Dallas County, Texas because it is the county in which the Defendants reside. C. The Facts 8. On or about July 12, 2022, Defendants executed a Financing Agreement Limited Liability Company (LLC) Promissory Note/Security Agreement/'Personal. Guaranty ("Contract 1") in the original amount financed of $24,395.00. Contract 1 was subsequently assigned to Plaintiff. 9. Defendants defaulted on Contract 1 by failing to pay monthly as they became due. Therefore, Plaintiff accelerated the maturity of Contract 1. 10. After accounting for all lawful offsets, payments, and credits, a net unpaid balance of $23,245.05 as of December 5, 2023, is due on Contract 1, for which Plaintiff now sues. 11. All conditions precedent to Plaintiff recovering judgment against Defendants have occurred. 12. Additionally, on or about July 28, 2022, Defendants executed a Financing Agreement Limited Liability Company (LLC) Promissory Note/Security Agreement/'Personal. Guaranty ("Contract 2") in the original amount financed of $61,845.00. Contract 2 was subsequently assigned to Plaintiff. 13. Defendants defaulted on Contract 2 by failing to pay monthly as they became due. Therefore, Plaintiff accelerated the maturity of Contract. 2 2 14. After accounting for all lawful offsets, payments, and credits, a net unpaid balance of $58,776.88, as of December 5, 2023, is due on Contract 2, for which Plaintiff now sues. 15. Plaintiff is entitled to enforce Contract 1 and Contract 2 (collectively the "Contracts") and to collect all sums due under their terms. 16. All conditions precedent to Plaintiff recovering judgment against Defendants have occurred. D. Attorney's Fees 17. Due to Defendants' default, Plaintiff has retained the law firm of Offerman & King, L.L.P. to enforce the Contracts, and Plaintiff has agreed to pay the undersigned attorneys a reasonable fee. As shown by the Contracts, Defendants agreed to pay reasonable attorney's fees for the collection in the event of default. A reasonable fee for the attorney's services rendered and to be rendered in the trial court is at least $3,000.00. Plaintiff further seeks reasonable attorney's fees in the event of any appeals or applications for writ of error. E. Prayer 18. Because of the foregoing, Plaintiff prays the Court will cite Defendants to appear and answer in this case and that after final trial, Plaintiff have judgment against Defendants, PRICELESS BEAUTY SPA, LLC, and JUANITA R. PRICE, jointly and severally, as follows: a. For the net unpaid balance due on Contract 1 of$23,245.05, as of December 5, 2023; b. For the net unpaid balance due on Contract 2 of $58,776.88, as of December 5, 2023; c. Reasonable attorney's fees of at least $3,000.00 for the services of Plaintiffs attorney in the trial court plus its reasonable attorney's fees in the event of any appeals or application for writ of error; d. All costs of Court; 3 e. Post-judgment interest at the maximum rate provided by the Contracts and/or Texas law, on the total amount of the judgment, from the date of judgment until paid; and f. Such other and further relief to which Plaintiff may be shown to be justly entitled to receive. Respectfully submitted, OFFERMAN & KING, L.L.P. BY: ls/James W. King JAMES W. KING TBA NO. 00791029 6420 WELLINGTON PLACE BEAUMONT, TX 77706 (409) 860-9000 - Phone (409) 860-9199 - Fax jwk@offermanking.com ATTORNEY IN CHARGE FOR PLAINTIFF, BANKERS HEALTHCARE GROUP, LLC 4 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. James King on behalf of James Wallace King Bar No. 791029 jking@offermanking.com Envelope ID: 84195697 Filing Code Description: Original Petition Filing Description: Status as of 2/6/2024 2:32 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status James Wallace King 791029 jwk@offermanking.com 2/6/2024 12:19:27 PM ERROR