Preview
Electronically Filed
3/28/2024 11:51 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1468-24-G
Ca. No.
ALLY BANK, § IN THE DISTRICT COURT
§
Plaintiff, §
§
VS. § JUDICIAL DISTRICT
§
CASTES TRUCKING, LLC, AND §
JAIME CASTELLTORT, §
§
Defendants. § HIDALGO COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
Plaintiff Ally Bank files this its Original Petition complaining of Defendants CASTES
TRUCKING, LLC and Jaime Castelltort would respectfully show the Court as follows:
I. Parties
1.1 Plaintiff Ally Bank ("Plaintiff") is a Utah Corporation authorized to conduct
business in the State of Texas.
1.2 Defendant CASTES TRUCKING, LLC was at the time of origin of this cause of
action a Domestic Limited Liability Company with a permit to do business in the State of Texas.
Plaintiff would show that CASTES TRUCKING, LLC forfeited its Certificate/Charter in June,
2022. This lawsuit is brought against CASTES TRUCKING, LLC under the provisions of
Section 11.356 of the Texas Business Organization code. CASTES TRUCKING, LLC may be
served with process by serving Jaime Castelltort, who was its Managing Member at the time the
Certificate/Charter was forfeited, at 1842 Tierra Dulce Dr Apt D, Edinburg, TX 78539.
Defendant Jaime Castelltort is an individual who may be served with process at 1842 Tierra
Dulce Dr Apt D, Edinburg, TX 78539. Defendant CASTES TRUCKING, LLC and Defendant
Jaime Castelltort are collectively referred to as "Defendants."
PLAINTIFFS ORIGINAL PETITION PAGE 1 OF 4
Electronically Filed
3/28/2024 11:51 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1468-24-G
II. Relief Sought/Discovery Level
2.1 Plaintiff seeks monetary relief of $100,000 or less and non-monetary relief.
2.2 Plaintiff alleges discovery is proper pursuant to Level 2 of Rule 190 of the Texas
Rules of Civil Procedure.
III. Jurisdiction and Venue
3.1 This Court has jurisdiction over this matter as the amount in controversy is within
the jurisdictional limits of this Court and Defendants are residents of the State of Texas.
3.2 Venue is proper pursuant to section 15.002 of the Texas Civil Practice and
Remedies Code because at least one Defendant is a resident of Hidalgo County, Texas.
IV. Factual Background
4.1 On or about August 10, 2019, Defendant CASTES TRUCKING, LLC purchased
a 2018 Ram 2500, VIN 3C6UR5HL6JG390254 ("Vehicle"), from Ed Payne Motors, LLP,
located at 2101 E Expressway 83, Weslaco, TX 78599.
4.2 Contemporaneously with the purchase of the Vehicle, Defendant CASTES
TRUCKING, LLC executed and delivered to Ed Payne Motors, LLP a Motor Vehicle Retail
Installment Sales Contract ("Contract," a true and correct copy of which is attached hereto as
Exhibit A). On that same day, Defendant Jaime Castelltort executed a Third Party Guaranty
("Guaranty") absolutely and unconditionally guarantying payment of the debt of CASTES
TRUCKING, LLC, a true and correct copy of which is attached here as Exhibit B.
4.3 Thereafter, before maturity, for value, and without any notice of any defect
therein, Plaintiff was assigned the Contract and is now the owner and holder thereof.
4.4 The original amount financed on the obligation represented by the Contract was
$60,287.65. Defendants failed to perform the obligations under the Contract and Guaranty and
PLAINTIFF'S ORIGINAL PETITION PAGE 2 OF 4
Electronically Filed
3/28/2024 11:51 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1468-24-G
are now wholly in default. After giving Defendants all offsets and credits to which Defendants
are entitled, there is a remaining balance due and unpaid on the Contract in the amount of
$33,478.73.
4.5 Although Plaintiff made demand on Defendants for payment, Defendants failed
and/or refused to pay the indebtedness owed under the Contract and Guaranty. Pursuant to the
terms and provisions of the Contract, Plaintiff elected to mature the unpaid balance due and
payable.
V. Causes of Action
COUNT 1— BREACH OF CONTRACT
5.1 Defendant CASTES TRUCKING, LLC executed a valid and enforceable Contract
and Defendant Jaime Castelltort executed a valid and enforceable Guaranty.
5.2 Plaintiff fully performed all obligations it owed under the Contract and Guaranty.
5.3 Defendants breached the Contract and Guaranty by failing to make the required
payments thereunder.
5.4 Defendants' breach caused and continues to cause Plaintiff injury.
5.5 All conditions precedent have been performed or have occurred.
5.6 Accordingly, Plaintiff seeks damages from Defendants, jointly and severally, in
the amount of $33,478.73.
COUNT 2 - ESTABLISHMENT & FORECLOSURE
OF SECURITY INTEREST
5.7 Additionally, Plaintiff seeks the establishment and foreclosure of its security
interest in the Vehicle. Plaintiff was granted a valid and enforceable security interest in the
Vehicle. Since Defendants are wholly in default on the obligations owed under the Contract and
PLAINTIFF'S ORIGINAL PETITION PAGE 3 OF 4
Electronically Filed
3/28/2024 11:51 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1468-24-G
Guaranty, Plaintiff is entitled to and hereby seeks foreclosure of the security interest in the
Vehicle, together with the appropriate Writ of Possession.
VI. Prayer
WHEREFORE, Plaintiff Ally Bank respectfully requests that Defendant CASTES
TRUCKING, LLC and Defendant Jaime Castelltort be cited to appear and answer herein, and
after a final hearing, Plaintiff Ally Bank have judgment against Defendant CASTES
TRUCKING, LLC and Defendant Jaime Castelltort, jointly and severally, as follows:
1. Damages in the amount of $33,478.73;
2. Establishment and foreclosure of the security interest in the 2018 Ram 2500, VIN
3 C6URSHL6JG390254; and
3. All further relief, at law or in equity, to which Plaintiff may show itself to be
justly entitled.
Respectfully submitted,
/s/ Kimberly P. Harris
Kimberly P. Harris
kharris@qs1wm.com
State Bar No. 24002234
QUILLING, SELANDER, LOWNDS, WINSLETT &
MOSER, P.C.
2001 Bryan Street, Ste. 1800
Dallas, Texas 75201
Tel: (214) 871-2100
Fax: (214) 871-2111
ATTORNEY FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION PAGE 4 OF 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.
Jedonna Adams on behalf of Kimberly Paige Harris
Bar No. 24002234
jadams@qslwm.com
Envelope ID: 86066111
Filing Code Description: Petition
Filing Description: WITH EXHIBITS, ATTACHED
Status as of 3/28/2024 12:44 PM CST
Associated Case Party: Ally Bank
Name BarNumber Email TimestampSubmitted Status
Kim Depasquale kdepasquale@qslwm.com 3/28/2024 11:51:40 AM SENT
Kimberly Paige Harris kharris@qslwm.com 3/28/2024 11:51:40 AM SENT
Preview
Electronically Filed 3/28/2024 11:51 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1468-24-G Ca. No. ALLY BANK, § IN THE DISTRICT COURT § Plaintiff, § § VS. § JUDICIAL DISTRICT § CASTES TRUCKING, LLC, AND § JAIME CASTELLTORT, § § Defendants. § HIDALGO COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION Plaintiff Ally Bank files this its Original Petition complaining of Defendants CASTES TRUCKING, LLC and Jaime Castelltort would respectfully show the Court as follows: I. Parties 1.1 Plaintiff Ally Bank ("Plaintiff") is a Utah Corporation authorized to conduct business in the State of Texas. 1.2 Defendant CASTES TRUCKING, LLC was at the time of origin of this cause of action a Domestic Limited Liability Company with a permit to do business in the State of Texas. Plaintiff would show that CASTES TRUCKING, LLC forfeited its Certificate/Charter in June, 2022. This lawsuit is brought against CASTES TRUCKING, LLC under the provisions of Section 11.356 of the Texas Business Organization code. CASTES TRUCKING, LLC may be served with process by serving Jaime Castelltort, who was its Managing Member at the time the Certificate/Charter was forfeited, at 1842 Tierra Dulce Dr Apt D, Edinburg, TX 78539. Defendant Jaime Castelltort is an individual who may be served with process at 1842 Tierra Dulce Dr Apt D, Edinburg, TX 78539. Defendant CASTES TRUCKING, LLC and Defendant Jaime Castelltort are collectively referred to as "Defendants." PLAINTIFFS ORIGINAL PETITION PAGE 1 OF 4 Electronically Filed 3/28/2024 11:51 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1468-24-G II. Relief Sought/Discovery Level 2.1 Plaintiff seeks monetary relief of $100,000 or less and non-monetary relief. 2.2 Plaintiff alleges discovery is proper pursuant to Level 2 of Rule 190 of the Texas Rules of Civil Procedure. III. Jurisdiction and Venue 3.1 This Court has jurisdiction over this matter as the amount in controversy is within the jurisdictional limits of this Court and Defendants are residents of the State of Texas. 3.2 Venue is proper pursuant to section 15.002 of the Texas Civil Practice and Remedies Code because at least one Defendant is a resident of Hidalgo County, Texas. IV. Factual Background 4.1 On or about August 10, 2019, Defendant CASTES TRUCKING, LLC purchased a 2018 Ram 2500, VIN 3C6UR5HL6JG390254 ("Vehicle"), from Ed Payne Motors, LLP, located at 2101 E Expressway 83, Weslaco, TX 78599. 4.2 Contemporaneously with the purchase of the Vehicle, Defendant CASTES TRUCKING, LLC executed and delivered to Ed Payne Motors, LLP a Motor Vehicle Retail Installment Sales Contract ("Contract," a true and correct copy of which is attached hereto as Exhibit A). On that same day, Defendant Jaime Castelltort executed a Third Party Guaranty ("Guaranty") absolutely and unconditionally guarantying payment of the debt of CASTES TRUCKING, LLC, a true and correct copy of which is attached here as Exhibit B. 4.3 Thereafter, before maturity, for value, and without any notice of any defect therein, Plaintiff was assigned the Contract and is now the owner and holder thereof. 4.4 The original amount financed on the obligation represented by the Contract was $60,287.65. Defendants failed to perform the obligations under the Contract and Guaranty and PLAINTIFF'S ORIGINAL PETITION PAGE 2 OF 4 Electronically Filed 3/28/2024 11:51 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1468-24-G are now wholly in default. After giving Defendants all offsets and credits to which Defendants are entitled, there is a remaining balance due and unpaid on the Contract in the amount of $33,478.73. 4.5 Although Plaintiff made demand on Defendants for payment, Defendants failed and/or refused to pay the indebtedness owed under the Contract and Guaranty. Pursuant to the terms and provisions of the Contract, Plaintiff elected to mature the unpaid balance due and payable. V. Causes of Action COUNT 1— BREACH OF CONTRACT 5.1 Defendant CASTES TRUCKING, LLC executed a valid and enforceable Contract and Defendant Jaime Castelltort executed a valid and enforceable Guaranty. 5.2 Plaintiff fully performed all obligations it owed under the Contract and Guaranty. 5.3 Defendants breached the Contract and Guaranty by failing to make the required payments thereunder. 5.4 Defendants' breach caused and continues to cause Plaintiff injury. 5.5 All conditions precedent have been performed or have occurred. 5.6 Accordingly, Plaintiff seeks damages from Defendants, jointly and severally, in the amount of $33,478.73. COUNT 2 - ESTABLISHMENT & FORECLOSURE OF SECURITY INTEREST 5.7 Additionally, Plaintiff seeks the establishment and foreclosure of its security interest in the Vehicle. Plaintiff was granted a valid and enforceable security interest in the Vehicle. Since Defendants are wholly in default on the obligations owed under the Contract and PLAINTIFF'S ORIGINAL PETITION PAGE 3 OF 4 Electronically Filed 3/28/2024 11:51 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1468-24-G Guaranty, Plaintiff is entitled to and hereby seeks foreclosure of the security interest in the Vehicle, together with the appropriate Writ of Possession. VI. Prayer WHEREFORE, Plaintiff Ally Bank respectfully requests that Defendant CASTES TRUCKING, LLC and Defendant Jaime Castelltort be cited to appear and answer herein, and after a final hearing, Plaintiff Ally Bank have judgment against Defendant CASTES TRUCKING, LLC and Defendant Jaime Castelltort, jointly and severally, as follows: 1. Damages in the amount of $33,478.73; 2. Establishment and foreclosure of the security interest in the 2018 Ram 2500, VIN 3 C6URSHL6JG390254; and 3. All further relief, at law or in equity, to which Plaintiff may show itself to be justly entitled. Respectfully submitted, /s/ Kimberly P. Harris Kimberly P. Harris kharris@qs1wm.com State Bar No. 24002234 QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. 2001 Bryan Street, Ste. 1800 Dallas, Texas 75201 Tel: (214) 871-2100 Fax: (214) 871-2111 ATTORNEY FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION PAGE 4 OF 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. Jedonna Adams on behalf of Kimberly Paige Harris Bar No. 24002234 jadams@qslwm.com Envelope ID: 86066111 Filing Code Description: Petition Filing Description: WITH EXHIBITS, ATTACHED Status as of 3/28/2024 12:44 PM CST Associated Case Party: Ally Bank Name BarNumber Email TimestampSubmitted Status Kim Depasquale kdepasquale@qslwm.com 3/28/2024 11:51:40 AM SENT Kimberly Paige Harris kharris@qslwm.com 3/28/2024 11:51:40 AM SENT