Preview
Filed
8/7/2017 7:00 AM
Dwight D. Sullivan
County Clerk
Galveston County, Texas
CAUSE NO. CV-0054307
NATIONAL JUDGMENT IN THE COUNTY CIVIL COURT
RECOVERY CENTER, L.P as
Assignee of UNIFUND CCR
PARTNERS ASSIGNEE OF
CITIBANK
Plaintiff in Judgment,
AT LAW NO. 3
CINDY A. BROWN
Defendant in Judgment. GALVESTON COUNTY, TEXAS
APPLICATION FOR WRIT OF SCIRE FACIAS TO
REVIVE DORMANT JUDGMENT
Plaintiff in Judgment, NATIONAL JUDGMENT RECOVERY CENTER, L.P as
Assignee of UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, files this Application
for Writ of Scire Facias to Revive a Dormant Judgment (Application) and would respectfully
showas follows:
A. DISCOVERY
Discovery will be conducted under a level 2 discovery control plan pursuant to Rule
190.2 of the Texas Rules of Civil Procedure.
B, PARTIES
1 Plaintiff is NATIONAL JUDGMENT RECOVERY CENTER, L.P as Assignee of
UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, a Texas Limited Partnership doing
business in Houston, Harris County, Texas,
2. Defendant in Judgment is CINDY A. BROWN and may be served at 6411 FM 23 W,
Rusk, TX 75785 or wherever he/she may be found.
C. BASIS FOR ISSUANCE OF WRIT
1 This Application is brought pursuant to Section 31.006 of the Texas Civil Practice and
Remedies Code.
2 On May 15, 2006 a judgment was rendered in this Court against Defendant CINDY A.
BROWN in favor of plaintiff UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK (the
“Judgment”). A copy of the Judgment is attached to this Application as [xhibit “A” and
incorporated by reference.
3 NATIONAL JUDGMENT RECOVERY CENTER, L.P. (Plaintiff), is the owner of the
Judgment.
4 The Judgment provides that Defendant in Judgment be indebted to Plaintiff in the amount
of $21,596.17, plus costs and post judgment interest.
5 The Judgment has not been satisfied, in the following particulars:
Amount of Judgment: $21,596.17
Attorney’s Kees: $7,198.72
Attorney’s Fees Interest: 7.50%
Pre Judgment Interest: 28.74% per annum from
October 28, 2005
Post Judgment Interest: 18.00% per annum from the
date of judgment until paid
Costs: all costs of court
6 The Judgment became dormant on May 15, 2016, but is otherwise valid and unpaid to the
extent set forth in this Application.
7 The Judgment will expire on May 15, 2018 unless this Application is approved.
D. PRAYER
For these reasons, Plaintiff prays for judgment as follows:
1 That the Court grant Plaintiff's Application for a Writ of Scire Facias and revive the
Judgment;
2 That the Court enter an Order directing the clerk to issue a Writ of Scire Facias requiring
CINDY A. BROWN to file a written answer and to appear before this Court at a designated hour
and date to show cause, if any, why the Judgment should not be revived;
3 That the Court grant Plaintiff all further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
Ruse yen bax,
Jennifer Lynn Fox
State Bar No. 24081862
Law Office of Jennifer L. Fox, PLLC
3346 East TC Jester Blvd., Ste. G-2
Houston, Texas 77018
Tel: (832) 705-9794
Fax: (713) 290-8256
E-mail: Jennifer@jfoxlawtx.com
ATTORNEY FOR PLAINTIFF
Cy
NO. 54307
UNIFUND CCR PARTNERS ASSIGNEE § IN THE COUNTY CIVIL COURT
OF CITIBANK.
vs. § AT LAW NO. 3
CINDY A. BROWN § GALVESTON COUNTY, TEXAS
DEFAULT JUDGMENT
BE IT REMEMBERED that the appearance day of the above captioned Defendant having
passed, and came the said Plaintiff, by its attorney, and though duly served with process, the said
Defendant, as at all times heretofore, failed to appear or answer in this behalf, but wholly made
default, wheretofore, the citation with the officer's return thereon, having been on file with the Clerk
of this Court ten (10) days exclusive of filing and of this day, the said Plaintiff ought to recover its
damages by occasion of the premises against the said Defendant being in default, and it appearing
to the Court that the cause of action is liquidated and that the Defendant is duly indebted to Plaintiff
(under account number ]EEEEED in the sum and amount of $21,596.17, together with
interest upon such indebtedness at the rate of 28.74% per annum from October 28, 2005 until date
of entry of this judgment, then interest on said sums at the rate of 18% per annum from date of entry
of this Judgment until paid; for reasonable statutory attorneys’ fees which the Court finds the Plaintiff
has agreed to pay to Plaintiff's attorneys of record, and which, after considering the Court's file and
the affidavitof Plaintiff's attomey, the Coust finds the amount of $7,198.72 to be reasonable, and for
all costs of court in this behalf expended, with interest on said attorneys' fees and costs of court from
the date of entry of this judgment atthe rate of 7.5% per annum until paid; and it 1s therefore
ORDERED, ADJUDGED and DECREED, by this Court, that the Plaintiff, UNIFUND CCR
PARTNERS ASSIGNEE OF CITIBANK, does have and recover judgment from and against the
Defendant, CINDY A. BROWN (S.S, No, XXX-XX-7677), in the sum and amount of $21,596.17,
together with interest upon such indebtedness at the rate of 28.74% per annum from October 28,
2005 until the date of entry of this judgment, then interest on said sums at the rate of 18% per annum
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Exhibit A
aoe
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from date of entry of this Judgment until paid; for Plaintiff's reasonable attomeys' fees in the amount
of $7,198.72, and for all costs of Court in this behalf expended, with interest on said attorneys’ fees
and costs
of court at the rate of 7 5% per annum
from the date of entry of this judgment until paid;
and
Tt is further ORDERED that Plaintiff shall have all such writs and orders as shall become,
in Plaintiff's behalf, necessary to enforce the execution of this judgment. This judgment finally
disposes of all parties and claims and is appealable.
JA,
SIGNED this /5” dayof
SIDING
APPROVED:
HULL TES, P,C.
TANS LL
State Bar Ni 0253300
6200 Savoy, Suite 440
Houston, Texas 77036
Telephone: 713/952-1700
Facsimile: 713/952-8375
ATTORNEYS FOR PLAINTIFF ae
ER
PLAINTIFF'S ADDRESS:
UNIFUND CCR PARTNERS ASSIGNEE OF CITTBANK.
c/o HULL & ASSOCIATES, P.C
6200 Savoy, Suite 440
Houston, Texas 77036
DEFENDANT'S ADDRESS:
CINDY A. BROWN (S § No: XXX-XX-7677)
4410 Ist Street
Bacliff TX 77518
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Preview
Filed 8/7/2017 7:00 AM Dwight D. Sullivan County Clerk Galveston County, Texas CAUSE NO. CV-0054307 NATIONAL JUDGMENT IN THE COUNTY CIVIL COURT RECOVERY CENTER, L.P as Assignee of UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK Plaintiff in Judgment, AT LAW NO. 3 CINDY A. BROWN Defendant in Judgment. GALVESTON COUNTY, TEXAS APPLICATION FOR WRIT OF SCIRE FACIAS TO REVIVE DORMANT JUDGMENT Plaintiff in Judgment, NATIONAL JUDGMENT RECOVERY CENTER, L.P as Assignee of UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, files this Application for Writ of Scire Facias to Revive a Dormant Judgment (Application) and would respectfully showas follows: A. DISCOVERY Discovery will be conducted under a level 2 discovery control plan pursuant to Rule 190.2 of the Texas Rules of Civil Procedure. B, PARTIES 1 Plaintiff is NATIONAL JUDGMENT RECOVERY CENTER, L.P as Assignee of UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, a Texas Limited Partnership doing business in Houston, Harris County, Texas, 2. Defendant in Judgment is CINDY A. BROWN and may be served at 6411 FM 23 W, Rusk, TX 75785 or wherever he/she may be found. C. BASIS FOR ISSUANCE OF WRIT 1 This Application is brought pursuant to Section 31.006 of the Texas Civil Practice and Remedies Code. 2 On May 15, 2006 a judgment was rendered in this Court against Defendant CINDY A. BROWN in favor of plaintiff UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK (the “Judgment”). A copy of the Judgment is attached to this Application as [xhibit “A” and incorporated by reference. 3 NATIONAL JUDGMENT RECOVERY CENTER, L.P. (Plaintiff), is the owner of the Judgment. 4 The Judgment provides that Defendant in Judgment be indebted to Plaintiff in the amount of $21,596.17, plus costs and post judgment interest. 5 The Judgment has not been satisfied, in the following particulars: Amount of Judgment: $21,596.17 Attorney’s Kees: $7,198.72 Attorney’s Fees Interest: 7.50% Pre Judgment Interest: 28.74% per annum from October 28, 2005 Post Judgment Interest: 18.00% per annum from the date of judgment until paid Costs: all costs of court 6 The Judgment became dormant on May 15, 2016, but is otherwise valid and unpaid to the extent set forth in this Application. 7 The Judgment will expire on May 15, 2018 unless this Application is approved. D. PRAYER For these reasons, Plaintiff prays for judgment as follows: 1 That the Court grant Plaintiff's Application for a Writ of Scire Facias and revive the Judgment; 2 That the Court enter an Order directing the clerk to issue a Writ of Scire Facias requiring CINDY A. BROWN to file a written answer and to appear before this Court at a designated hour and date to show cause, if any, why the Judgment should not be revived; 3 That the Court grant Plaintiff all further relief to which Plaintiff may be justly entitled. Respectfully submitted, Ruse yen bax, Jennifer Lynn Fox State Bar No. 24081862 Law Office of Jennifer L. Fox, PLLC 3346 East TC Jester Blvd., Ste. G-2 Houston, Texas 77018 Tel: (832) 705-9794 Fax: (713) 290-8256 E-mail: Jennifer@jfoxlawtx.com ATTORNEY FOR PLAINTIFF Cy NO. 54307 UNIFUND CCR PARTNERS ASSIGNEE § IN THE COUNTY CIVIL COURT OF CITIBANK. vs. § AT LAW NO. 3 CINDY A. BROWN § GALVESTON COUNTY, TEXAS DEFAULT JUDGMENT BE IT REMEMBERED that the appearance day of the above captioned Defendant having passed, and came the said Plaintiff, by its attorney, and though duly served with process, the said Defendant, as at all times heretofore, failed to appear or answer in this behalf, but wholly made default, wheretofore, the citation with the officer's return thereon, having been on file with the Clerk of this Court ten (10) days exclusive of filing and of this day, the said Plaintiff ought to recover its damages by occasion of the premises against the said Defendant being in default, and it appearing to the Court that the cause of action is liquidated and that the Defendant is duly indebted to Plaintiff (under account number ]EEEEED in the sum and amount of $21,596.17, together with interest upon such indebtedness at the rate of 28.74% per annum from October 28, 2005 until date of entry of this judgment, then interest on said sums at the rate of 18% per annum from date of entry of this Judgment until paid; for reasonable statutory attorneys’ fees which the Court finds the Plaintiff has agreed to pay to Plaintiff's attorneys of record, and which, after considering the Court's file and the affidavitof Plaintiff's attomey, the Coust finds the amount of $7,198.72 to be reasonable, and for all costs of court in this behalf expended, with interest on said attorneys' fees and costs of court from the date of entry of this judgment atthe rate of 7.5% per annum until paid; and it 1s therefore ORDERED, ADJUDGED and DECREED, by this Court, that the Plaintiff, UNIFUND CCR PARTNERS ASSIGNEE OF CITIBANK, does have and recover judgment from and against the Defendant, CINDY A. BROWN (S.S, No, XXX-XX-7677), in the sum and amount of $21,596.17, together with interest upon such indebtedness at the rate of 28.74% per annum from October 28, 2005 until the date of entry of this judgment, then interest on said sums at the rate of 18% per annum f\clamo\word\W1110 (Our Puled G5520165 C \Docnmments and Settings\mblileAMy Documents\Pleaddings\33006 Igl 3 wpd Exhibit A aoe Cr . O from date of entry of this Judgment until paid; for Plaintiff's reasonable attomeys' fees in the amount of $7,198.72, and for all costs of Court in this behalf expended, with interest on said attorneys’ fees and costs of court at the rate of 7 5% per annum from the date of entry of this judgment until paid; and Tt is further ORDERED that Plaintiff shall have all such writs and orders as shall become, in Plaintiff's behalf, necessary to enforce the execution of this judgment. This judgment finally disposes of all parties and claims and is appealable. JA, SIGNED this /5” dayof SIDING APPROVED: HULL TES, P,C. TANS LL State Bar Ni 0253300 6200 Savoy, Suite 440 Houston, Texas 77036 Telephone: 713/952-1700 Facsimile: 713/952-8375 ATTORNEYS FOR PLAINTIFF ae ER PLAINTIFF'S ADDRESS: UNIFUND CCR PARTNERS ASSIGNEE OF CITTBANK. c/o HULL & ASSOCIATES, P.C 6200 Savoy, Suite 440 Houston, Texas 77036 DEFENDANT'S ADDRESS: CINDY A. BROWN (S § No: XXX-XX-7677) 4410 Ist Street Bacliff TX 77518 f\clsme\word\W1110 Our Pile# G5520165 C (Documents and Settungs\nbluerMy Documents\Plesdings\33006 igi 3 wpd ———— 3