Preview
Electronically Filed
EXHIBIT "A" 3/8/2024 4:15 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1158-24-M
CAUSE NO. _______________
MARIA BARRAZA § IN THE DISTRICT COURT
Plaintiff §
§
v. § 206TH JUDICIAL DISTRICT
§
AMERICAN GENERAL LIFE §
INSURANCE COMPANY §
Defendant. § HIDALGO COUNTY, TEXAS
MARIA BARRAZA’S PETITION FOR BILL OF REVIEW
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Maria Barraza, (“Plaintiff” and/or “Barraza”), and files this Bill of Review,
and for grounds would show:
I. DISCOVERY-CONTROL PLAN
Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of Civil Procedure
and affirmatively pleads this suit is not governed by the expedited-actions process in Texas Rule
of Civil Procedure 169.
II. CLAIM FOR RELIEF
Plaintiff seeks only nonmonetary relief. Tex. R. Civ. P. 47(c)(5).
III. PARTIES
Plaintiff, Maria Barraza, is an individual residing in the State of Texas.
Defendant, American General Life Insurance Company is a Texas corporation with its
principal place of business in Houston, Texas. Defendant may be served with process by serving
its registered agent, Corporation Service Company, at 211 E. 7th St., Suite 620, Austin, Texas
78701. Service is requested at this time.
Electronically Filed
EXHIBIT "A" 3/8/2024 4:15 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1158-24-M
IV. JURISDICTION
This bill of review is filed in the same court that rendered the judgment challenged by this
bill of review, after the deadline for filing a motion for new trial, when a restricted appeal under
Texas Rule for Appellate Procedure 30 is not available, and within the residual four-year statue of
limitations.
V. SUMMARY
The Plaintiff in the underlying suit is American General Life Insurance Company
(“American General”).
On August 29, 2022, American General Life Insurance Company filed suit against Maria
Barraza and Wells Fargo Bank, National Association having Cause Number C-3349-22-D.
On October 12, 2022, American General filed its Motion for Default Judgment as to Maria
Barraza. American General alleges Maria was served on September 15, 2022, as evidenced by the
return filed on September 19, 2022.
On December 15, 2022, the court signed the interlocutory default judgment and awarded
damages in the amount of $276,588.00, plus $31,599.23 in interest at 5% from September 2, 2020,
through and including December 15, 2022. Subsequently, on March 20, 2023, a final judgment
was entered in substantially the same manner; however, the interest was increased to a rate of
7.75% up to $55,145.21.
Ms. Barraza was not served with citation via Certified Mail Return Receipt in either Cause
Number C-3349-22-D or Cause Number C-2381-23-D. The signature and printed name on the
return receipt filed in Cause Number C-3349-22-D are not spelled correctly and Ms. Barraza was
not the individual that received or signed the document. In fact, she has never lived there and was
not there at the alleged time of service.
_________________________________________________________________________________________________________
Bill of Review 2
Electronically Filed
EXHIBIT "A" 3/8/2024 4:15 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1158-24-M
Then, notice for Cause Number C-2381-23-D was sent to the same address listed in the return as
referenced above, which is not Ms. Barraza’s address as previously detailed. As such, Ms. Barraza
was not given notice of either lawsuit. Please see Exhibit “A”.
VI. BILL OF REVIEW
“A bill of review is an equitable proceeding brought by a party seeking to set aside a prior
judgment that is no longer subject to challenge by a motion for new trial or appeal” Caldwell v.
Barnes, 154 S.W.3d 93, 96 (Tex. 2004). “Bill of review plaintiffs must ordinarily plead and prove
(1) a meritorious defense to the underlying cause of action, (2) which the plaintiffs were prevented
from making by the fraud, accident or wrongful act of the opposing party or official mistake, (3)
unmixed with any fault or negligence on their own part.” Id.
“Bill of review plaintiffs claiming non-service, however, are relieved of two elements
ordinarily required to be proved in a bill of review proceeding.” Id. “First, if a plaintiff was not
served, constitutional due process relieves the plaintiff from the need to show a meritorious
defense.” Id. “Second, the plaintiff is relieved from showing that fraud, accident, wrongful act or
official mistake prevented the plaintiff from presenting such a defense.” Id.
Bill of review plaintiffs alleging they were not served, however, must still prove the third
and final element required in a bill of review proceeding that the judgment was rendered unmixed
with any fault or negligence of their own.” Id. This “third and final element is conclusively
established if the plaintiff can prove that he or she was never served with process.” Id. “An
individual who is not served with process cannot be at fault or negligent in allowing a default
judgment to be rendered.” Id. “Proof of non-service, then, will conclusively establish the third and
only element that the bill of review plaintiffs are required to prove when they are asserting lack of
service of process as their only defense.” Id.
_________________________________________________________________________________________________________
Bill of Review 3
Electronically Filed
EXHIBIT "A" 3/8/2024 4:15 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1158-24-M
Accordingly, Plaintiff need only show that it was never properly served with process to
have the default judgment set aside. As demonstrated above, service of process was wholly
defective.
VII. PRAYER
Because service on Plaintiff was fatally defective, the Court must grant Plaintiff’s
petition for bill of review and set aside the default judgment. Plaintiff further requests any further
relief to which she is entitled at law or equity.
MBMT LAW FIRM
1201 E. Van Buren
Brownsville, Texas 78520
Ph. (956) 550-4868
Fax (956) 621-0135
Tomas F. Tijerina
State Bar No. 24070746
ttijerina@mbmtlawfirm.com
Benigno (Trey) Martinez
State Bar No. 00797011
trey@mbmtlawfirm.com
_________________________________________________________________________________________________________
Bill of Review 4
Preview
Electronically Filed EXHIBIT "A" 3/8/2024 4:15 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1158-24-M CAUSE NO. _______________ MARIA BARRAZA § IN THE DISTRICT COURT Plaintiff § § v. § 206TH JUDICIAL DISTRICT § AMERICAN GENERAL LIFE § INSURANCE COMPANY § Defendant. § HIDALGO COUNTY, TEXAS MARIA BARRAZA’S PETITION FOR BILL OF REVIEW TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Maria Barraza, (“Plaintiff” and/or “Barraza”), and files this Bill of Review, and for grounds would show: I. DISCOVERY-CONTROL PLAN Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of Civil Procedure and affirmatively pleads this suit is not governed by the expedited-actions process in Texas Rule of Civil Procedure 169. II. CLAIM FOR RELIEF Plaintiff seeks only nonmonetary relief. Tex. R. Civ. P. 47(c)(5). III. PARTIES Plaintiff, Maria Barraza, is an individual residing in the State of Texas. Defendant, American General Life Insurance Company is a Texas corporation with its principal place of business in Houston, Texas. Defendant may be served with process by serving its registered agent, Corporation Service Company, at 211 E. 7th St., Suite 620, Austin, Texas 78701. Service is requested at this time. Electronically Filed EXHIBIT "A" 3/8/2024 4:15 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1158-24-M IV. JURISDICTION This bill of review is filed in the same court that rendered the judgment challenged by this bill of review, after the deadline for filing a motion for new trial, when a restricted appeal under Texas Rule for Appellate Procedure 30 is not available, and within the residual four-year statue of limitations. V. SUMMARY The Plaintiff in the underlying suit is American General Life Insurance Company (“American General”). On August 29, 2022, American General Life Insurance Company filed suit against Maria Barraza and Wells Fargo Bank, National Association having Cause Number C-3349-22-D. On October 12, 2022, American General filed its Motion for Default Judgment as to Maria Barraza. American General alleges Maria was served on September 15, 2022, as evidenced by the return filed on September 19, 2022. On December 15, 2022, the court signed the interlocutory default judgment and awarded damages in the amount of $276,588.00, plus $31,599.23 in interest at 5% from September 2, 2020, through and including December 15, 2022. Subsequently, on March 20, 2023, a final judgment was entered in substantially the same manner; however, the interest was increased to a rate of 7.75% up to $55,145.21. Ms. Barraza was not served with citation via Certified Mail Return Receipt in either Cause Number C-3349-22-D or Cause Number C-2381-23-D. The signature and printed name on the return receipt filed in Cause Number C-3349-22-D are not spelled correctly and Ms. Barraza was not the individual that received or signed the document. In fact, she has never lived there and was not there at the alleged time of service. _________________________________________________________________________________________________________ Bill of Review 2 Electronically Filed EXHIBIT "A" 3/8/2024 4:15 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1158-24-M Then, notice for Cause Number C-2381-23-D was sent to the same address listed in the return as referenced above, which is not Ms. Barraza’s address as previously detailed. As such, Ms. Barraza was not given notice of either lawsuit. Please see Exhibit “A”. VI. BILL OF REVIEW “A bill of review is an equitable proceeding brought by a party seeking to set aside a prior judgment that is no longer subject to challenge by a motion for new trial or appeal” Caldwell v. Barnes, 154 S.W.3d 93, 96 (Tex. 2004). “Bill of review plaintiffs must ordinarily plead and prove (1) a meritorious defense to the underlying cause of action, (2) which the plaintiffs were prevented from making by the fraud, accident or wrongful act of the opposing party or official mistake, (3) unmixed with any fault or negligence on their own part.” Id. “Bill of review plaintiffs claiming non-service, however, are relieved of two elements ordinarily required to be proved in a bill of review proceeding.” Id. “First, if a plaintiff was not served, constitutional due process relieves the plaintiff from the need to show a meritorious defense.” Id. “Second, the plaintiff is relieved from showing that fraud, accident, wrongful act or official mistake prevented the plaintiff from presenting such a defense.” Id. Bill of review plaintiffs alleging they were not served, however, must still prove the third and final element required in a bill of review proceeding that the judgment was rendered unmixed with any fault or negligence of their own.” Id. This “third and final element is conclusively established if the plaintiff can prove that he or she was never served with process.” Id. “An individual who is not served with process cannot be at fault or negligent in allowing a default judgment to be rendered.” Id. “Proof of non-service, then, will conclusively establish the third and only element that the bill of review plaintiffs are required to prove when they are asserting lack of service of process as their only defense.” Id. _________________________________________________________________________________________________________ Bill of Review 3 Electronically Filed EXHIBIT "A" 3/8/2024 4:15 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1158-24-M Accordingly, Plaintiff need only show that it was never properly served with process to have the default judgment set aside. As demonstrated above, service of process was wholly defective. VII. PRAYER Because service on Plaintiff was fatally defective, the Court must grant Plaintiff’s petition for bill of review and set aside the default judgment. Plaintiff further requests any further relief to which she is entitled at law or equity. MBMT LAW FIRM 1201 E. Van Buren Brownsville, Texas 78520 Ph. (956) 550-4868 Fax (956) 621-0135 Tomas F. Tijerina State Bar No. 24070746 ttijerina@mbmtlawfirm.com Benigno (Trey) Martinez State Bar No. 00797011 trey@mbmtlawfirm.com _________________________________________________________________________________________________________ Bill of Review 4