On July 03, 2013 a
Party Notice
was filed
involving a dispute between
Lone Star National Bank,
and
Cardenas, Aaron,
Cmk Construction Products Llc,
for Contract - Consumer/Commercial/Debt (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
2/16/2024 2:04 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CAUSE NO. CL-13-2121-B
LONE STAR NATIONAL BANK, § IN THE COUNTY COURT
Plaintiff §
§
V. § AT LAW NO. 2
§
CMK CONSTRUCTION PRODUCTS, LLC §
AND AARON CARDENAS §
Defendants § HIDALGO COUNTY, TEXAS
APPLICATION FOR WRIT OF SCIRE FACIAS
TO REVIVE DORMANT JUDGMENT
Judgment Plaintiff LONE STAR NATIONAL BANK (the “Bank”) files this Application for
Writ of Scire Facias to Revive Dormant Judgment, and in support thereof would show the Court as
follows:
1. On January 14, 2014, a Default Judgement was rendered in the above-entitled and
numbered cause against CMK CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS
(“Judgment Debtors”). The judgment provided that the Bank was to have and recover from
Judgment Debtors as follows: (1) the principal balance owing on the Note of $51,649.58; (2) accrued
interest of $23,541.30 (3) attorney’s fees in the amount of $5,000.00; (4) post-judgment interest at
the rate of 15% per annum until judgment is paid; and (5) costs of court in the amount of $241.00.
The applicant herein, the Bank, is the owner of the judgment.
2. The judgment has not been satisfied.
3. The judgment became dormant on January 14, 2024.
4. The Bank seeks to revive the judgment as to Judgment Debtors CMK
CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS pursuant to TEX. CIV. PRAC. &
REM. CODE § 31.006. This application is being filed prior to January 14, 2026, the second anniversary
of the date the judgment became dormant.
5. The Bank asks the Court to take judicial notice of the judgment.
Page | 1
Electronically Submitted
2/16/2024 2:04 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
WHEREFORE, Lone Star National Bank requests the following from this Court:
1. Scire facias writ be issued to CMK CONSTRUCTION PRODUCTS, LLC
and AARON CARDENAS in the manner and form prescribed by law,
requiring to CMK CONSTRUCTION PRODUCTS, LLC and AARON
CARDENAS to appear and show cause why the judgment should not be
revived.
2. The judgment be revived in all aspects and extended for the full period
provided by law; and
3. Such other and further relief to which Lone Star National Bank may show
itself to be justly entitled.
Respectfully submitted,
WALSH MCGURK CORDOVA NIXON, PLLC
1506 S. Lone Star Way, Suite 10
Edinburg, Texas 78539
Telephone: (956) 632-5000
Facsimile: (956) 632-5050
By: /s/ Weldon “Beau” Nixon
Weldon “Beau” Nixon
State Bar No. 24047278
bnixon@wmcnlaw.com
vtorres@wmcnlaw.com
icibrian@wmcnlaw.com
ATTORNEY FOR PLAINTIFF
Page | 2
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.
Velma Torres on behalf of Weldon Nixon, Jr.
Bar No. 24047278
vtorres@wmcnlaw.com
Envelope ID: 84607852
Filing Code Description: Notice
Filing Description: Application for Writ of Scire Facias
Status as of 2/20/2024 8:57 AM CST
Associated Case Party: LONE STAR NATIONAL BANK
Name BarNumber Email TimestampSubmitted Status
Weldon "Beau"Nixon bnixon@wmcnlaw.com 2/16/2024 2:04:58 PM SENT
Velma Torres vtorres@wmcnlaw.com 2/16/2024 2:04:58 PM SENT
Document Filed Date
February 16, 2024
Case Filing Date
July 03, 2013
Category
Contract - Consumer/Commercial/Debt (OCA)
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Electronically Submitted 2/16/2024 2:04 PM Hidalgo County Clerk Accepted by: Alejandra Lara CAUSE NO. CL-13-2121-B LONE STAR NATIONAL BANK, § IN THE COUNTY COURT Plaintiff § § V. § AT LAW NO. 2 § CMK CONSTRUCTION PRODUCTS, LLC § AND AARON CARDENAS § Defendants § HIDALGO COUNTY, TEXAS APPLICATION FOR WRIT OF SCIRE FACIAS TO REVIVE DORMANT JUDGMENT Judgment Plaintiff LONE STAR NATIONAL BANK (the “Bank”) files this Application for Writ of Scire Facias to Revive Dormant Judgment, and in support thereof would show the Court as follows: 1. On January 14, 2014, a Default Judgement was rendered in the above-entitled and numbered cause against CMK CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS (“Judgment Debtors”). The judgment provided that the Bank was to have and recover from Judgment Debtors as follows: (1) the principal balance owing on the Note of $51,649.58; (2) accrued interest of $23,541.30 (3) attorney’s fees in the amount of $5,000.00; (4) post-judgment interest at the rate of 15% per annum until judgment is paid; and (5) costs of court in the amount of $241.00. The applicant herein, the Bank, is the owner of the judgment. 2. The judgment has not been satisfied. 3. The judgment became dormant on January 14, 2024. 4. The Bank seeks to revive the judgment as to Judgment Debtors CMK CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS pursuant to TEX. CIV. PRAC. & REM. CODE § 31.006. This application is being filed prior to January 14, 2026, the second anniversary of the date the judgment became dormant. 5. The Bank asks the Court to take judicial notice of the judgment. Page | 1 Electronically Submitted 2/16/2024 2:04 PM Hidalgo County Clerk Accepted by: Alejandra Lara WHEREFORE, Lone Star National Bank requests the following from this Court: 1. Scire facias writ be issued to CMK CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS in the manner and form prescribed by law, requiring to CMK CONSTRUCTION PRODUCTS, LLC and AARON CARDENAS to appear and show cause why the judgment should not be revived. 2. The judgment be revived in all aspects and extended for the full period provided by law; and 3. Such other and further relief to which Lone Star National Bank may show itself to be justly entitled. Respectfully submitted, WALSH MCGURK CORDOVA NIXON, PLLC 1506 S. Lone Star Way, Suite 10 Edinburg, Texas 78539 Telephone: (956) 632-5000 Facsimile: (956) 632-5050 By: /s/ Weldon “Beau” Nixon Weldon “Beau” Nixon State Bar No. 24047278 bnixon@wmcnlaw.com vtorres@wmcnlaw.com icibrian@wmcnlaw.com ATTORNEY FOR PLAINTIFF Page | 2 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. Velma Torres on behalf of Weldon Nixon, Jr. Bar No. 24047278 vtorres@wmcnlaw.com Envelope ID: 84607852 Filing Code Description: Notice Filing Description: Application for Writ of Scire Facias Status as of 2/20/2024 8:57 AM CST Associated Case Party: LONE STAR NATIONAL BANK Name BarNumber Email TimestampSubmitted Status Weldon "Beau"Nixon bnixon@wmcnlaw.com 2/16/2024 2:04:58 PM SENT Velma Torres vtorres@wmcnlaw.com 2/16/2024 2:04:58 PM SENT