Preview
FILED
DALLAS COUNTY
1 CIT/ MAIL ATTY 8/27/2019 1:40PM
FELICIA PITRE
DISTRICT CLERK
JAVIER HERNANDEZ
DC-1 9-1 3063
NO.
ROGER M. CADDELL § IN THE DISTRICT COURT
Plaintiff,
V.
CACH, LLC, ASSIGNEE OF CAPITAL
§
§
§
§
§
_ JUDICIAL DISTRICT
ONE NATIONAL ASSOCIATION §
Defendant § DALLAS COUNTY, TEXAS
PETITION FOR BILL OF REVIEW
NOW COMES Roger M. Caddell, hereinafter Plaintiff, and files this Petition for Bill of
Review, and in support hereof, shows the court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level 2.
PARTIES AND SERVICE
2. Plaintiff, Roger M. Caddell, is an Individual whose address is 339 Hunters Glen,
China Spring, McLennan County, Texas 76633.
3. The last three numbers of Roger M. Caddell’s driver's license number are 224. The
last three numbers of Roger M. Caddell's social security number are 571.
4. Defendant Cach, LLC, Assignee of Capital One National Association, is a foreign
corporation with offices based in Texas. Service of process on the Defendant may be effected by
serving the registered agent of the corporation, Corporation Service Company d/b/a CSC -
211 7th Texas 76701-
Lawyers Incorporating Service Company, East Street, Suite 620, Austin,
321 8. Service of said Defendant as described above can be effected by personal delivery.
Petition for Bill ofReview Page 1
JURISDICTION
JURISDICTION
5.
5. On January
On January 27,
27, 2012,
2012, Defendant
Defendant filed
filed suit
suit in
in the
the 116th
116th Judicial
Judicial District
District Court
Court
against
against Plaintiff,
Plaintiff, Cause
Cause No.
No. DC-12-01062-F,
DC—12-01062-F, styledstyled Cach,
Cach, LLC,
LLC, Assignee
Assignee ofof Capital
Capital One
One National
National
Association,
Association, claiming
claiming Roger
Roger M.M. Caddell
Caddell was
was indebted
indebted toto Plaintiff
Plaintifi' in
in the
the sum
sum ofof $27,124.34.
$27,124.34. A
A
Default
Default Judgment
Judgment was was improperly
improperly taken
taken against
against Plaintiff
Plaintiff on
on June
June 21,
21, 2012.
2012. A copy
A copy of
ofthe
the Default
Default
Judgment
Judgment is
is attached
attached as
as Exhibit
Exhibit "A."
"A." More
More than
than thirty
thirty days
days have
have passed
passed since
since the
the Default
Default
Judgment
Judgment was was signed.
signed. Plaintiff
Plaintiffonly
only recently
recently learned
learned that
that aa Judgment
Judgment had had been
been taken
taken against
against him.
him.
Jurisdiction
Jurisdiction isis proper
proper inin this
this Court
Court in
in which
which thethe original
original suit
suit was
was filed.
filed.
DUE PROCESS
DUE PROCESS VIOLATION
VIOLATION
6.
6. Defendant
Defendant wrongfully
wrongfully obtained
obtained the
the Default
Default Judgment
Judgment in in violation
Violation of
of Plaintiffs
Plaintiffs due
due
process
process byby failing
failing to
to properly
properly serve
serve Plaintiff.
Plaintiff. Plaintiff
Plaintiff was
was out
out of
of the
the country
countIy for
for several
several months
months
in
in 2012
2012 and
and someone
someone was was leasing
leasing his
his home
home while
while hehe was
was away.
away. He
He was
was never
never personally
personally notified
notified
that
that aa lawsuit
lawsuit had
had been
been filed
filed against
against him
him byby any
any person
person oror entity.
entity.
7.
7. A Motion
A Motion forfor Substituted
Substituted Service
Service under
under Rule
Rule 106
106 was
was filed
filed onon April
April 20,
20, 2012,
2012, and
and
an
an Order
Order forfor Substituted
Substituted Service
Service was
was signed
signed onon April
April 23,
23, 2012.
2012. The
The Rule
Rule 106
106 Order
Order and
and the
the
Citation
Citation were
were subsequently
subsequently leftlefi at
at the
the residence
residence at at 2802
2802 Santa Rita Drive,
Santa Rita Drive, Grand
Grand Prairie,
Prairie, Texas
Texas
75052;
75052; however,
however, Roger
Roger Caddell
Caddell was
was not
not living
living in
in the
the residence
residence atat that
that time.
time. He had
He had leased
leased the
the
premises
premises while
while he
he was
was out
out of
0f the
the country
country and
and the
the tenant
tenant who
who waswas living
living there
there never
never notified
notified Mr.Mr.
Caddell
Caddell that
that she
she had
had received
received any
any papers.
papers. Mr.
Mr. Caddell
Caddell waswas never
never properly
properly served
served or0r notified
notified of of
the
the pending
pending lawsuit
lawsuit and
and was
was therefore
therefore unable
unable toto present
present aa defense.
defense.
OFFICIAL MIST
OFFICIAL MISTAKEAKE
8.
8. Plaintiff possesses meritorious
Plaintiffpossesses meritorious defenses
defenses which
which Plaintiff was unable
Plaintiffwas unable toto present
present to
to the
the
Court.
Court.
Petition
Petition for
tor Bill
Bill of
at Review
Review Page
Page 22
a.
a. Plaintiff
Plaintiff is
is unaware of anyany debt
debt that
that he may owe Defendant herein. herein.
b.
b. Plaintiff
Plaintiff was residing
residing outside
outside of the
the United States
States at
at the
the time the
the lawsuit
lawsuit
was filed
filed and he denies
denies having anyany proper notice
notice of same
9.
9. Plaintiff
Plaintiff failed
failed to
to make this
this defense
defense because of official
official mistake.
mistake. He was never
personally
personally served
served with
with citation
citation and had no notice
notice of this
this lawsuit.
lawsuit.
LACK OF 0F FAULT OR NEGLIGENCE
10.
10. Plaintiffs
Plaintiffs failure
failure to
to present
present these
these defenses
defenses was not due to to any
any intentional
intentional act
act of fault
fault
or
or the
the result
result of
0f negligence
negligence on hishis part.
part.
WHEREFORE, premises premises considered,
considered, Plaintiff
Plaintiff prays
prays that
that Defendant will
will be cited
cited to
to appear
appear
and answer;
answer; that
that aa new trial
trial will
will be granted;
granted; that
that upon final
final trial,
trial, the
the Court will
will order that
that the
the
Default
Default Judgment in in Cause No.
N0. DC-12-01062-F is is set
set aside
aside and vacated;
vacated; that
that the
the Court will
will enter
enter
judgment that
that the
the Defendant take
take nothing;
nothing; that
that Plaintiff
Plaintiff recover
recover costs
costs expended in
in filing
filing this
this
petition
petition and that
that Plaintiff
Plaintiff have such other
other and further
further relief
relief at
at law oror in
in equity
equity toto which Plaintiff
Plaintiff
may be justly
justly entitled.
entitled.
Respectfully
Respectfully submitted,
submitted,
By:
By: I/ ss I/ Dennis R.R. Croman
Dennis R. R. Croman
Texas Bar No. 05102000
05 1 02000
Email:
Email: cromanlaw@aol.com
4425 West Airport
Airport Freeway,
Freeway, #242
Irving,
Irving, TX 7506275060
Tel.
Tel. (972)
(972) 887-3072
Fax.
Fax. (972)
(972) 887-3199
Attorney
Attorney forfor Plaintiff
Plaintiff
Roger M. Caddell
PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
Petition
Petition for
for Bill
Bill o{Review
ofReview Page3
Page 3
VERIFICATION
STATE 0F TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, personally appeared Roger M. Caddell, who, on
oath, stated that the statements made in the foregoing Petition for Bill 0f Review are true and
correct.
QmW
Rogé? M. Cadden
SUBSCRIBED AND SWORN TO BEFORE ME on this the-ZZ day of fl ([6245 7" ,
2019, t0 certify which witness my hand and seal 0f office.
‘2 VIRGINIAJAMES
~‘
5
My NotaryID#5698747
Expires August 31, 2020
Petition or Bill o Re iew Page 4
Our File No. 1352574
Case No. 09-12-0106”? x
CACH, LLC ASSIGNEE OF CAPITAL ONE § In the ll6TH District Court
NATIONAL ASSOCIATION §
Plaintiff §
§ Hlaqac
§ 'c
v.
'79¢ ol'
§
§
ROGER M CADDELL §
DALLAS County Texas
Defendant(s).
DEEALIL'!‘ ,IQDQM EET
0N THIS DATE. Plaintiff. CACl-l, LLC ASSIGNEE 0F CAPITAL ONE NATIONAL ASSOCIATION‘s
(“Plaintiff") Motion for Default Judgment against l)cfcndant(s) ROGER M CADDELL (“Defendant") was
considered by the Court. After reviewing Plaintiff‘s Motion and the pleadings in thc Coun's filc,lhc Court isofthe
opinion that Plaintiff‘s Motion iswcll-madc and should be GRANTED.
Itistherefore ORDERED thal a default judgment be entered against Defendant and Ihat Plaintiffis entitled
to rccovcr from the Defendant:
Judgment in lhc amount of $27,] 24.34 as actual damages for breach of contract;
2 Pre-judgmcm interest in the amount of $.00 ;
3. All costs of court; and
4 Posl-Judgmcnt interest at the lawful rate of 5.00 percent pcr annum from the date of J udgmcm
until the Judgment is satisfied.
ll isfurther ORDERED that all writs and process shall be issued withom further Ordcr of thc Court.
Itis Further ORDERED that this Order disposes of all panics and all claims in this cause of action. 1t is
lhcrcforc FINAL and appcalablc. All rclicf not expressly granted by this order isdenied.
SIGNED thisfllspday or 6M» , 2:1,
Copy to return to RSIEI!
EXHIBIT “A “
1352574
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FILED DALLAS COUNTY 1 CIT/ MAIL ATTY 8/27/2019 1:40PM FELICIA PITRE DISTRICT CLERK JAVIER HERNANDEZ DC-1 9-1 3063 NO. ROGER M. CADDELL § IN THE DISTRICT COURT Plaintiff, V. CACH, LLC, ASSIGNEE OF CAPITAL § § § § § _ JUDICIAL DISTRICT ONE NATIONAL ASSOCIATION § Defendant § DALLAS COUNTY, TEXAS PETITION FOR BILL OF REVIEW NOW COMES Roger M. Caddell, hereinafter Plaintiff, and files this Petition for Bill of Review, and in support hereof, shows the court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 2. PARTIES AND SERVICE 2. Plaintiff, Roger M. Caddell, is an Individual whose address is 339 Hunters Glen, China Spring, McLennan County, Texas 76633. 3. The last three numbers of Roger M. Caddell’s driver's license number are 224. The last three numbers of Roger M. Caddell's social security number are 571. 4. Defendant Cach, LLC, Assignee of Capital One National Association, is a foreign corporation with offices based in Texas. Service of process on the Defendant may be effected by serving the registered agent of the corporation, Corporation Service Company d/b/a CSC - 211 7th Texas 76701- Lawyers Incorporating Service Company, East Street, Suite 620, Austin, 321 8. Service of said Defendant as described above can be effected by personal delivery. Petition for Bill ofReview Page 1 JURISDICTION JURISDICTION 5. 5. On January On January 27, 27, 2012, 2012, Defendant Defendant filed filed suit suit in in the the 116th 116th Judicial Judicial District District Court Court against against Plaintiff, Plaintiff, Cause Cause No. No. DC-12-01062-F, DC—12-01062-F, styledstyled Cach, Cach, LLC, LLC, Assignee Assignee ofof Capital Capital One One National National Association, Association, claiming claiming Roger Roger M.M. Caddell Caddell was was indebted indebted toto Plaintiff Plaintifi' in in the the sum sum ofof $27,124.34. $27,124.34. A A Default Default Judgment Judgment was was improperly improperly taken taken against against Plaintiff Plaintiff on on June June 21, 21, 2012. 2012. A copy A copy of ofthe the Default Default Judgment Judgment is is attached attached as as Exhibit Exhibit "A." "A." More More than than thirty thirty days days have have passed passed since since the the Default Default Judgment Judgment was was signed. signed. Plaintiff Plaintiffonly only recently recently learned learned that that aa Judgment Judgment had had been been taken taken against against him. him. Jurisdiction Jurisdiction isis proper proper inin this this Court Court in in which which thethe original original suit suit was was filed. filed. DUE PROCESS DUE PROCESS VIOLATION VIOLATION 6. 6. Defendant Defendant wrongfully wrongfully obtained obtained the the Default Default Judgment Judgment in in violation Violation of of Plaintiffs Plaintiffs due due process process byby failing failing to to properly properly serve serve Plaintiff. Plaintiff. Plaintiff Plaintiff was was out out of of the the country countIy for for several several months months in in 2012 2012 and and someone someone was was leasing leasing his his home home while while hehe was was away. away. He He was was never never personally personally notified notified that that aa lawsuit lawsuit had had been been filed filed against against him him byby any any person person oror entity. entity. 7. 7. A Motion A Motion forfor Substituted Substituted Service Service under under Rule Rule 106 106 was was filed filed onon April April 20, 20, 2012, 2012, and and an an Order Order forfor Substituted Substituted Service Service was was signed signed onon April April 23, 23, 2012. 2012. The The Rule Rule 106 106 Order Order and and the the Citation Citation were were subsequently subsequently leftlefi at at the the residence residence at at 2802 2802 Santa Rita Drive, Santa Rita Drive, Grand Grand Prairie, Prairie, Texas Texas 75052; 75052; however, however, Roger Roger Caddell Caddell was was not not living living in in the the residence residence atat that that time. time. He had He had leased leased the the premises premises while while he he was was out out of 0f the the country country and and the the tenant tenant who who waswas living living there there never never notified notified Mr.Mr. Caddell Caddell that that she she had had received received any any papers. papers. Mr. Mr. Caddell Caddell waswas never never properly properly served served or0r notified notified of of the the pending pending lawsuit lawsuit and and was was therefore therefore unable unable toto present present aa defense. defense. OFFICIAL MIST OFFICIAL MISTAKEAKE 8. 8. Plaintiff possesses meritorious Plaintiffpossesses meritorious defenses defenses which which Plaintiff was unable Plaintiffwas unable toto present present to to the the Court. Court. Petition Petition for tor Bill Bill of at Review Review Page Page 22 a. a. Plaintiff Plaintiff is is unaware of anyany debt debt that that he may owe Defendant herein. herein. b. b. Plaintiff Plaintiff was residing residing outside outside of the the United States States at at the the time the the lawsuit lawsuit was filed filed and he denies denies having anyany proper notice notice of same 9. 9. Plaintiff Plaintiff failed failed to to make this this defense defense because of official official mistake. mistake. He was never personally personally served served with with citation citation and had no notice notice of this this lawsuit. lawsuit. LACK OF 0F FAULT OR NEGLIGENCE 10. 10. Plaintiffs Plaintiffs failure failure to to present present these these defenses defenses was not due to to any any intentional intentional act act of fault fault or or the the result result of 0f negligence negligence on hishis part. part. WHEREFORE, premises premises considered, considered, Plaintiff Plaintiff prays prays that that Defendant will will be cited cited to to appear appear and answer; answer; that that aa new trial trial will will be granted; granted; that that upon final final trial, trial, the the Court will will order that that the the Default Default Judgment in in Cause No. N0. DC-12-01062-F is is set set aside aside and vacated; vacated; that that the the Court will will enter enter judgment that that the the Defendant take take nothing; nothing; that that Plaintiff Plaintiff recover recover costs costs expended in in filing filing this this petition petition and that that Plaintiff Plaintiff have such other other and further further relief relief at at law oror in in equity equity toto which Plaintiff Plaintiff may be justly justly entitled. entitled. Respectfully Respectfully submitted, submitted, By: By: I/ ss I/ Dennis R.R. Croman Dennis R. R. Croman Texas Bar No. 05102000 05 1 02000 Email: Email: cromanlaw@aol.com 4425 West Airport Airport Freeway, Freeway, #242 Irving, Irving, TX 7506275060 Tel. Tel. (972) (972) 887-3072 Fax. Fax. (972) (972) 887-3199 Attorney Attorney forfor Plaintiff Plaintiff Roger M. Caddell PLAINTIFF HEREBY DEMANDS TRIAL BY JURY Petition Petition for for Bill Bill o{Review ofReview Page3 Page 3 VERIFICATION STATE 0F TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, personally appeared Roger M. Caddell, who, on oath, stated that the statements made in the foregoing Petition for Bill 0f Review are true and correct. QmW Rogé? M. Cadden SUBSCRIBED AND SWORN TO BEFORE ME on this the-ZZ day of fl ([6245 7" , 2019, t0 certify which witness my hand and seal 0f office. ‘2 VIRGINIAJAMES ~‘ 5 My NotaryID#5698747 Expires August 31, 2020 Petition or Bill o Re iew Page 4 Our File No. 1352574 Case No. 09-12-0106”? x CACH, LLC ASSIGNEE OF CAPITAL ONE § In the ll6TH District Court NATIONAL ASSOCIATION § Plaintiff § § Hlaqac § 'c v. '79¢ ol' § § ROGER M CADDELL § DALLAS County Texas Defendant(s). DEEALIL'!‘ ,IQDQM EET 0N THIS DATE. Plaintiff. CACl-l, LLC ASSIGNEE 0F CAPITAL ONE NATIONAL ASSOCIATION‘s (“Plaintiff") Motion for Default Judgment against l)cfcndant(s) ROGER M CADDELL (“Defendant") was considered by the Court. After reviewing Plaintiff‘s Motion and the pleadings in thc Coun's filc,lhc Court isofthe opinion that Plaintiff‘s Motion iswcll-madc and should be GRANTED. Itistherefore ORDERED thal a default judgment be entered against Defendant and Ihat Plaintiffis entitled to rccovcr from the Defendant: Judgment in lhc amount of $27,] 24.34 as actual damages for breach of contract; 2 Pre-judgmcm interest in the amount of $.00 ; 3. All costs of court; and 4 Posl-Judgmcnt interest at the lawful rate of 5.00 percent pcr annum from the date of J udgmcm until the Judgment is satisfied. ll isfurther ORDERED that all writs and process shall be issued withom further Ordcr of thc Court. Itis Further ORDERED that this Order disposes of all panics and all claims in this cause of action. 1t is lhcrcforc FINAL and appcalablc. All rclicf not expressly granted by this order isdenied. SIGNED thisfllspday or 6M» , 2:1, Copy to return to RSIEI! EXHIBIT “A “ 1352574