Preview
FILED
DALLAS COUNTY
2 WRIT 2 NOT MAIL ATTY 8/30/2019 3:19PM
FELICIA PITRE
DISTRICT CLERK
DC-19-13641 Angle
-
Avma
-
CAUSE NO.
WADDELL & REED, INC, § IN THE DISTRICT COURT
Plaintiff §
§
vs. § DALLAS COUNTY, TEXAS
§
JP MORGAN CHASE BANK, N.A., §
D/B/A CHASE BANK, §
Defendant/Gamishee §
95TH JUDICIAL DISTRICT
WADDELL & REED, INC, §
Plaintiff §
§
V. § CAUSE NO. DC- 1 9-00478
§
MICHAEL DAVID WATSON, §
Defendant §
APPLICATION FOR POSTJUDGMENT WRIT 0F GARNISHMENT
TO THE HONORABLE JUDGE OF THIS COURT:
Plaintiff, WADDELL & REED, INC. (“Plaintiff"), hereby makes application for the
issuance of a Writ of Garnishment against JP MORGAN CHASE BANK, N.A. d/b/a CHASE
BANK (“Garnishee”), and as grounds for the writ shows:
A. Parties
1. Plaintiff is a Corporation lawfully doing business in Texas.
2. Garnishee is a bank duly authorized to conduct business in the State of Texas.
Service of the writ of garnishment may be had on the Garnishee by serving its registered agent,
C T Corporation System, 1999 Bryan Street, Ste. 900, Dallas, Dallas County, Texas 75201.
3. Service of the Notice of Writ of Gamishment may be made on the
Defendant/Judgment Debtor, MICHAEL DAVID WATSON (the “Debtor”), as required by Rule
663a
663a of0f the
the Texas
Texas Rules
Rules of0f Civil
Civil Procedure
Procedure at at 1400
1400 HiHi Line
Line Drive,
Drive, Apartment
Apartment 1115,1115, Dallas,
Dallas,
Texas
Texas 75207,
75207, oror any
any other
other place
place where
Where he may be
he may be found.
found.
B.
B. The
The Facts
Facts
4.4. On January
On January 24,
24, 2019,
2019, Plaintiff
Plaintiff obtained
obtained aa Consent
Consent Judgment
Judgment in in the
the 95th
95th Judicial
Judicial
District
Distn'ct Court
Court of
of Dallas
Dallas County,
County, Texas,
Texas, in
in aa cause
cause numbered
numbered DC-19—OO478
DC-19-00478 and
and styled
styled
WADDELL &
WADDELL & REED,
REED, INC.,
INC, Plaintiff,
Plaintiff, vs. MICHAEL DAVID
vs. MICHAEL DA VID WATSON,
WATSON, Defendant,
Defendant, for for aa balance
balance
of
0f $17,000.00.
$17,000.00. A true
A true and
and correct
correct copy
copy of of the
the Judgment
Judgment is is attached
attached as as Exhibit
Exhibit "A"“A” and
and isis
incorporated
incorporated herein
herein byby reference
reference for
for all
all purposes.
purposes.
The
The Judgment
Judgment is is in
in all
all things
things final,
final, valid,
valid, and
and subsisting,
subsisting, and
and itit is
is wholly
wholly unsatisfied.
unsatisfied. AsAs
of
0fJune
June 7,
7, 2019,
2019, Plaintiff
Plaintiffis
is due
due the
the total
total amount
amount of0f$17,000.00
$17,000.00 under
under the
the Judgment.
Judgment.
5.5. The last
The known address
last known address ofofDebtor
Debtor isis 1400
1400 HiHi Line
Line Drive,
Drive, Apartment
Apartment 1115,
1115, Dallas,
Dallas,
Texas
Texas 75207.
75207. Debtor's
Debtor’s social
social security
security number
number is is xxx-xx-6718.
xxx—xx-671 8. Additional
Additional information
information relating
relating to
to
Debtor
Debtor isis available
available atat Garnishee's
Garnishee’s request.
request.
CC. Garnishments
Garnishments
6.
6. Within
Within the
the Plaintiffs
Plaintiff’s knowledge,
knowledge, thethe Debtor
Debtor does
does not
not possess
possess property
property inin Texas
Texas
subject
subject to
to execution
execution that
that is
is sufficient
sufficient toto satisfy
satisfy the
the above-described
above—describedjudgment.
judgment.
7.
7. Plaintiff
Plaintiffhas
has reason
reason tot0 believe,
believe, and
and does
does believe,
believe, that
that Garnishee
Garnishee is is indebted
indebted to,
to, or
or
has
has effects
effects belonging
belonging to to Debtor. More specifically,
Debtor. More specifically, Plaintiff
Plaintiff has
has reason
reason tot0 believe,
believe, and
and does
does
believe,
believe, that
that Debtor
Debtor has
has been
been making
making deposits
deposits into
into accounts
accounts maintained
maintained by by Garnishee.
Garnishee.
8.8. Plaintiff
Plaintiff is
is not
not seeking
seeking to to injure
injure or
or harass
harass the
the Garnishee
Garnishee or or the
the Debtor
Debtor by by suing
suing
out
out aa Writ
Writ of
0f Garnishment.
Garnishment. AA bond
bond from
from Plaintiff
Plaintiff is
is not
not required
required because
because aa final
final judgment
judgment hashas
been
been rendered.
rendered.
2
9. This application is supported by the affidavit of Heather D. Cruz, a representative
of Plaintiff, which is attached as Exhibit "B" and is incorporated herein by reference for all
purposes.
D. Prayer
WHEREFORE, Plaintiff requests that a Writ 0f Garnishment be issued, that Garnishee be
cited to appear and answer, and that Plaintiff have judgment against Garnishee to satisfy the
Judgment as provided by law.
Plaintiff also requests any and all other relief to Which Plaintiff may be entitled in law or
equity.
Respectfully submitted,
Beaumont, Texas 77706
(409) 860-9000
(409) 860-91 99-~FAX
iking@offemanki.n2.com
ATTORNEYS FOR
WADDELL & REED, INC.
o o
omeiNAL I A
CAUSE NO. DC—l9—00478
WADDELL & REED, INC, § IN THE DISTRICT COURT OF
-
§
Plaintiff, §
§
v. §
§ DALLAS COUNTY, TEXAS
MICHAEL DAVID WATSON. §
§
Defendant. §
§
§ 95TH JUDICIAL DISTRICT
CONSENT J GMENT
Plaintiff Waddell & Reed, Inc. and Defendant Michael David Watson hereby agee to
entry ofjudgmcnt as follows:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
CONSENT JUDGMENT Page l
9mm.
mam
Waddell & Reed, Inc. (“Plaintififi and Michael David Watson (“Defendant”) hereby
consent to and request entry of the following judgnent.
1. The Court hereby finds and declares the following:
a. Defendant is a former indepéndent contractor for Plaintiff,
.
b. D‘éfetidant signedé Choice Financial Adviser Agre'emlent "Advisoi'
(tlie
Agecment") with W&R, dated effective February 20, 20 14;
Plaintiffadvanced Twentquight Thousand Six Hundred Thirty-Five
Dollars ($28,635.60) (the “Loan”) to'Dcfcndant pursuant to a Transition
Assistance Fragram Amended and thated Loan Agreement (the
“Loan Ayegment”) and an Amended and Restated Pmmissory Note
(the “Note'm dated efiective February 28, 2015;
'.
Pursuant to the Loan Agreement and the Note, Dcfendapt agreed, upon
termination of his association with Plaintifi, to repay Plaintifl for the
Loan that was paid to Defendant;
Defcndant’s association with Plaintiff texminatcd on January 20, 2017;
Defendant asserts that the current balance of the Loan (including
applicable accrued interest) is Thirty Thousand Four Hundred Sixty-
Thtee Dollars and Forty-Four Cents ($30,463.44) (the “Debt"J, not
including additional accruing interest;
Plaintiff made demand on Defendant for repayment of the Debt,
according to the terms of the Loan Ageement and the Note;
Defendant did not repay the Debt;
The Parties have agreed to resolve the Debt and satisfy the Loan
Agreement and Note. Defendant has consented to the entry of a
judgment against him in favor of Plaintiff as satisfaction of the Loan
Agreement and Note in the amount 0f Seventeen Thousand Dollars
-
($17,609.00).
Defendant consented to the filing of this judgment with this ccurt.
CONSENT JUDGMENT Page 2
2.2. The
The Court
Courthereby
hereby further
furtherorders:
orders:
a.a. Judgment
Judgment isis entered
entered against
against Defendant
Defendant and
and in
in favor
favor of
ofPlaintiff
Plaintiff in
in the
the
amount of Seventeen Thousand Dollars ($17,000.00).
amount of Seventeen Thousand Dollars (Sl7,000.00).
b.b. .This Judgment is
Ibis Judgment is immediately
immediately enforceable
enforceable by Plaintiff.
byPlaintifi'.
Agreed to in
Agreed to inForm
Form and Submitted by,
and Submitted by,
WADDELL &&REED,
WADDELL REED, INC.
INC. '
MICHAELDAVID
MICHAEL WATSON
DAVID WATSON
Thisflay oft/W/fi? y/7
'
E
FEW
Jim Jo n,n,Senior
SeniorDistrict
District Court
CourtJudge
Judge
S,Uing byAssignment
Siiting by Assignment
CONSENT JUDGMENT
CONSENTJUDGMENT page 3
Page3
6
SUBMITTED BY:
BRYAN CAVE LEIGHTON PAISNER LLP
By: lgglavig. Krystinik
Jay L. Krystinik
Texas State Bar No. 2404 1279
2200 Ross Avenue, Suite 3300
Dallas, Texas 75201
jay.krystinik@bclplaw.com
Telephone: (214) 72 I -8000
Facsimile: (2 l4) 72 l ~8 I 00
Counsel for Plaintifi
Waddell & Reed, Inc.
CONSENT JUDGMENT Page 4
CAUSE N0.
WADDELL & REED, INC., § IN THE DISTRICT COURT
Plaintiff §
§
VS. § DALLAS COUNTY, TEXAS
§
JP MORGAN CHASE BANK, N.A., §
D/B/A CHASE BANK, §
Defendant/Gamishee 9ST” JUDICIAL DISTRICT
§
EXHIBIT
WADDELL & REED, 1NC.,
Plainfifi
§
§
§
l
.
b
V. § CAUSE NO. DC-l 9-00478
§
MICHAEL DAVID WATSON, §
Defendant §
AFFIDAVIT FOR POSTJUDGNIENT WRIT 0F GARNISHMENT
STATE OF KANSAS §
COUNTY 0F JOHNSON §
Before me, the undersigned authority, on this day personally appeared
Heather D. Cruz, who swore on oath the following facts are of her personal knowledge
and arc true and correct:
“My name is Heather D. Cruz. I am over the age of 18, and I am fully
competent to make this afidavit.”
“I am a Paralegal for WADDELL & REED, INC. (“Plaintiff”) in this cause. I
have personal knowledge of the facts stated in this Affidavit, and I am authorized to
make this Affidavit on behalf of Plaintiff.”
“In gxecution of‘ this Afl‘ldavitr, I am not. acting in any legal. representative
capacity for Plaintiff.”
“0n January 24., 2019, this Court entered. a Consent Judgment (f‘Judgrnent’j
agains: MCHABL. DAVID WATSON (the “‘De‘btor”) and in favor of Plaintiff, in
Cause: No, Dé-I'9-00478. A; true and correct copy of the Judgment:- is attached 'to
Plainfifi‘s Application for Postéludgment WtitofGanxiéhxflem as“Exh1b1tA”‘an‘d=iisr
‘incorpcirate‘dheréih‘by referenceefor augpurposeg”
“The Judgment due; and unpaid.
is j‘usgg Within mykfiOWl'edge‘, the;Debtor
rdbe‘s‘
natgposs‘e-"ssprvpmyifi Texas snbiécf fro execution sufiifiient ta satisfy the debt.
This: garnislmmtis not” sought ta injure‘Debtors or the Garnishecf’
~
“AsofJunei7; 20-19.,Piainti'fi'isdue the sum should
ofi;1-$‘17,OOOJOQ,..and; Plaintiff
bepermit'tedrto garnish thai _:—
SUBSCRIBED ANDSWORN T0. BEFOREME-cn'fhg 2'3“ day ofJuly: 2019, t9.
certifi'which‘Wimess myhand :and-oificia’lsseal‘
Preview
FILED DALLAS COUNTY 2 WRIT 2 NOT MAIL ATTY 8/30/2019 3:19PM FELICIA PITRE DISTRICT CLERK DC-19-13641 Angle - Avma - CAUSE NO. WADDELL & REED, INC, § IN THE DISTRICT COURT Plaintiff § § vs. § DALLAS COUNTY, TEXAS § JP MORGAN CHASE BANK, N.A., § D/B/A CHASE BANK, § Defendant/Gamishee § 95TH JUDICIAL DISTRICT WADDELL & REED, INC, § Plaintiff § § V. § CAUSE NO. DC- 1 9-00478 § MICHAEL DAVID WATSON, § Defendant § APPLICATION FOR POSTJUDGMENT WRIT 0F GARNISHMENT TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff, WADDELL & REED, INC. (“Plaintiff"), hereby makes application for the issuance of a Writ of Garnishment against JP MORGAN CHASE BANK, N.A. d/b/a CHASE BANK (“Garnishee”), and as grounds for the writ shows: A. Parties 1. Plaintiff is a Corporation lawfully doing business in Texas. 2. Garnishee is a bank duly authorized to conduct business in the State of Texas. Service of the writ of garnishment may be had on the Garnishee by serving its registered agent, C T Corporation System, 1999 Bryan Street, Ste. 900, Dallas, Dallas County, Texas 75201. 3. Service of the Notice of Writ of Gamishment may be made on the Defendant/Judgment Debtor, MICHAEL DAVID WATSON (the “Debtor”), as required by Rule 663a 663a of0f the the Texas Texas Rules Rules of0f Civil Civil Procedure Procedure at at 1400 1400 HiHi Line Line Drive, Drive, Apartment Apartment 1115,1115, Dallas, Dallas, Texas Texas 75207, 75207, oror any any other other place place where Where he may be he may be found. found. B. B. The The Facts Facts 4.4. On January On January 24, 24, 2019, 2019, Plaintiff Plaintiff obtained obtained aa Consent Consent Judgment Judgment in in the the 95th 95th Judicial Judicial District Distn'ct Court Court of of Dallas Dallas County, County, Texas, Texas, in in aa cause cause numbered numbered DC-19—OO478 DC-19-00478 and and styled styled WADDELL & WADDELL & REED, REED, INC., INC, Plaintiff, Plaintiff, vs. MICHAEL DAVID vs. MICHAEL DA VID WATSON, WATSON, Defendant, Defendant, for for aa balance balance of 0f $17,000.00. $17,000.00. A true A true and and correct correct copy copy of of the the Judgment Judgment is is attached attached as as Exhibit Exhibit "A"“A” and and isis incorporated incorporated herein herein byby reference reference for for all all purposes. purposes. The The Judgment Judgment is is in in all all things things final, final, valid, valid, and and subsisting, subsisting, and and itit is is wholly wholly unsatisfied. unsatisfied. AsAs of 0fJune June 7, 7, 2019, 2019, Plaintiff Plaintiffis is due due the the total total amount amount of0f$17,000.00 $17,000.00 under under the the Judgment. Judgment. 5.5. The last The known address last known address ofofDebtor Debtor isis 1400 1400 HiHi Line Line Drive, Drive, Apartment Apartment 1115, 1115, Dallas, Dallas, Texas Texas 75207. 75207. Debtor's Debtor’s social social security security number number is is xxx-xx-6718. xxx—xx-671 8. Additional Additional information information relating relating to to Debtor Debtor isis available available atat Garnishee's Garnishee’s request. request. CC. Garnishments Garnishments 6. 6. Within Within the the Plaintiffs Plaintiff’s knowledge, knowledge, thethe Debtor Debtor does does not not possess possess property property inin Texas Texas subject subject to to execution execution that that is is sufficient sufficient toto satisfy satisfy the the above-described above—describedjudgment. judgment. 7. 7. Plaintiff Plaintiffhas has reason reason tot0 believe, believe, and and does does believe, believe, that that Garnishee Garnishee is is indebted indebted to, to, or or has has effects effects belonging belonging to to Debtor. More specifically, Debtor. More specifically, Plaintiff Plaintiff has has reason reason tot0 believe, believe, and and does does believe, believe, that that Debtor Debtor has has been been making making deposits deposits into into accounts accounts maintained maintained by by Garnishee. Garnishee. 8.8. Plaintiff Plaintiff is is not not seeking seeking to to injure injure or or harass harass the the Garnishee Garnishee or or the the Debtor Debtor by by suing suing out out aa Writ Writ of 0f Garnishment. Garnishment. AA bond bond from from Plaintiff Plaintiff is is not not required required because because aa final final judgment judgment hashas been been rendered. rendered. 2 9. This application is supported by the affidavit of Heather D. Cruz, a representative of Plaintiff, which is attached as Exhibit "B" and is incorporated herein by reference for all purposes. D. Prayer WHEREFORE, Plaintiff requests that a Writ 0f Garnishment be issued, that Garnishee be cited to appear and answer, and that Plaintiff have judgment against Garnishee to satisfy the Judgment as provided by law. Plaintiff also requests any and all other relief to Which Plaintiff may be entitled in law or equity. Respectfully submitted, Beaumont, Texas 77706 (409) 860-9000 (409) 860-91 99-~FAX iking@offemanki.n2.com ATTORNEYS FOR WADDELL & REED, INC. o o omeiNAL I A CAUSE NO. DC—l9—00478 WADDELL & REED, INC, § IN THE DISTRICT COURT OF - § Plaintiff, § § v. § § DALLAS COUNTY, TEXAS MICHAEL DAVID WATSON. § § Defendant. § § § 95TH JUDICIAL DISTRICT CONSENT J GMENT Plaintiff Waddell & Reed, Inc. and Defendant Michael David Watson hereby agee to entry ofjudgmcnt as follows: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CONSENT JUDGMENT Page l 9mm. mam Waddell & Reed, Inc. (“Plaintififi and Michael David Watson (“Defendant”) hereby consent to and request entry of the following judgnent. 1. The Court hereby finds and declares the following: a. Defendant is a former indepéndent contractor for Plaintiff, . b. D‘éfetidant signedé Choice Financial Adviser Agre'emlent "Advisoi' (tlie Agecment") with W&R, dated effective February 20, 20 14; Plaintiffadvanced Twentquight Thousand Six Hundred Thirty-Five Dollars ($28,635.60) (the “Loan”) to'Dcfcndant pursuant to a Transition Assistance Fragram Amended and thated Loan Agreement (the “Loan Ayegment”) and an Amended and Restated Pmmissory Note (the “Note'm dated efiective February 28, 2015; '. Pursuant to the Loan Agreement and the Note, Dcfendapt agreed, upon termination of his association with Plaintifi, to repay Plaintifl for the Loan that was paid to Defendant; Defcndant’s association with Plaintiff texminatcd on January 20, 2017; Defendant asserts that the current balance of the Loan (including applicable accrued interest) is Thirty Thousand Four Hundred Sixty- Thtee Dollars and Forty-Four Cents ($30,463.44) (the “Debt"J, not including additional accruing interest; Plaintiff made demand on Defendant for repayment of the Debt, according to the terms of the Loan Ageement and the Note; Defendant did not repay the Debt; The Parties have agreed to resolve the Debt and satisfy the Loan Agreement and Note. Defendant has consented to the entry of a judgment against him in favor of Plaintiff as satisfaction of the Loan Agreement and Note in the amount 0f Seventeen Thousand Dollars - ($17,609.00). Defendant consented to the filing of this judgment with this ccurt. CONSENT JUDGMENT Page 2 2.2. The The Court Courthereby hereby further furtherorders: orders: a.a. Judgment Judgment isis entered entered against against Defendant Defendant and and in in favor favor of ofPlaintiff Plaintiff in in the the amount of Seventeen Thousand Dollars ($17,000.00). amount of Seventeen Thousand Dollars (Sl7,000.00). b.b. .This Judgment is Ibis Judgment is immediately immediately enforceable enforceable by Plaintiff. byPlaintifi'. Agreed to in Agreed to inForm Form and Submitted by, and Submitted by, WADDELL &&REED, WADDELL REED, INC. INC. ' MICHAELDAVID MICHAEL WATSON DAVID WATSON Thisflay oft/W/fi? y/7 ' E FEW Jim Jo n,n,Senior SeniorDistrict District Court CourtJudge Judge S,Uing byAssignment Siiting by Assignment CONSENT JUDGMENT CONSENTJUDGMENT page 3 Page3 6 SUBMITTED BY: BRYAN CAVE LEIGHTON PAISNER LLP By: lgglavig. Krystinik Jay L. Krystinik Texas State Bar No. 2404 1279 2200 Ross Avenue, Suite 3300 Dallas, Texas 75201 jay.krystinik@bclplaw.com Telephone: (214) 72 I -8000 Facsimile: (2 l4) 72 l ~8 I 00 Counsel for Plaintifi Waddell & Reed, Inc. CONSENT JUDGMENT Page 4 CAUSE N0. WADDELL & REED, INC., § IN THE DISTRICT COURT Plaintiff § § VS. § DALLAS COUNTY, TEXAS § JP MORGAN CHASE BANK, N.A., § D/B/A CHASE BANK, § Defendant/Gamishee 9ST” JUDICIAL DISTRICT § EXHIBIT WADDELL & REED, 1NC., Plainfifi § § § l . b V. § CAUSE NO. DC-l 9-00478 § MICHAEL DAVID WATSON, § Defendant § AFFIDAVIT FOR POSTJUDGNIENT WRIT 0F GARNISHMENT STATE OF KANSAS § COUNTY 0F JOHNSON § Before me, the undersigned authority, on this day personally appeared Heather D. Cruz, who swore on oath the following facts are of her personal knowledge and arc true and correct: “My name is Heather D. Cruz. I am over the age of 18, and I am fully competent to make this afidavit.” “I am a Paralegal for WADDELL & REED, INC. (“Plaintiff”) in this cause. I have personal knowledge of the facts stated in this Affidavit, and I am authorized to make this Affidavit on behalf of Plaintiff.” “In gxecution of‘ this Afl‘ldavitr, I am not. acting in any legal. representative capacity for Plaintiff.” “0n January 24., 2019, this Court entered. a Consent Judgment (f‘Judgrnent’j agains: MCHABL. DAVID WATSON (the “‘De‘btor”) and in favor of Plaintiff, in Cause: No, Dé-I'9-00478. A; true and correct copy of the Judgment:- is attached 'to Plainfifi‘s Application for Postéludgment WtitofGanxiéhxflem as“Exh1b1tA”‘an‘d=iisr ‘incorpcirate‘dheréih‘by referenceefor augpurposeg” “The Judgment due; and unpaid. is j‘usgg Within mykfiOWl'edge‘, the;Debtor rdbe‘s‘ natgposs‘e-"ssprvpmyifi Texas snbiécf fro execution sufiifiient ta satisfy the debt. This: garnislmmtis not” sought ta injure‘Debtors or the Garnishecf’ ~ “AsofJunei7; 20-19.,Piainti'fi'isdue the sum should ofi;1-$‘17,OOOJOQ,..and; Plaintiff bepermit'tedrto garnish thai _:— SUBSCRIBED ANDSWORN T0. BEFOREME-cn'fhg 2'3“ day ofJuly: 2019, t9. certifi'which‘Wimess myhand :and-oificia’lsseal‘