On February 22, 2010 a
Request,Application
was filed
involving a dispute between
Ortega, Britney,
Ortega, Estela,
Ortega, Jose,
Waste Management Of Texas Inc,
and
Cardenas, Filiberto,
Roth, Anastasios C,
Roth, Tasi C,
Waste Management Houston Metro,
Waste Management Inc,
Waste Management Of Texas Inc,
for PERSONAL INJURY-AUTO
in the District Court of Harris County.
Preview
WASTE MANAGEMENT OF TEXAS, INC. § INTHE DISTRICT COURT OF
VS. HARRIS COUNTY, TEXAS
BANK OF AMERICA, NA.
80 JUDICIAL DISTRICT
PLAINTIFF WASTE MANAGEMEN
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
TO THE HONORABLE JUDGE OF THIS COURT:
ment of Texas, Inc. (hereinafter “Plaintiff” or “Waste
Management”), applies to this t against BANK OF AMERICA,
N.A. (sometimes referred to as “Gamishee”)
PARTIES
Plaintiff Waste Management of Texas, Inc. is
The judgment debtor whose ri
Roth) (hereinafter “Debtor”) and he may be served at his resi
Garnishee Bank of America, N.A., (“Bank
Bank of America may be served with process by serving C T Corporation System at 1999 Bryan
GROUNDS FOR WRIT OF GARNISHMENT
On or about April 16, 2013, the 80 District Court of Harris County, Texas,
rendered a final judgment on behalf of Plaintiff and against Debtor in Docket No. 2010-11656,
entitled Estela Ortega, Individually and as Next Friend of Britney Ortega and Jose Ortega v.
Waste Management, Inc., Waste Management of Texas, Inc. d/b/a Waste Management Houston
Metro and Filiberto Cardenas. In said case, Plaintiff was a defendant and brought a third-party
claim against Debtor. As a result, Plaintiff obtained and now has a personal judgment against
Debtor in the amount of $96,463.00 for actual and exemplary damages, $251.00 in court costs,
and post-judgment interest at 5% running from April 16, 2013 (collectively the “Judgment”). As
of April 9, 2014, the amount of the Judgment equals $101,453.63. This Judgment is now in all
things final, valid, and subsisting, and it is entirely unsatisfied. A true and correct copy of the
Final Judgment is attached as Exhibit “A” and incorporated herein by reference. An abstract of
this judgment has been filed in
copy of the Abstract of Judgment is attached as Exhibit “B” and incorporated herein by
reference.
To the best of Plaintiff's knowledge, Debtor does not possess property in Texas
sufficient to satisfy the above described Judgment.
Garnishment is not sought to injure either the Debtor
Plaintiff has reason to believe, and does believe, that Garnishee Bank of America
is indebted to Debtor or has in its hands assets belonging to Debtor deposited in multiple
accounts with Garishee Bank of America. Plaintiff's belief is based upon an investigation
performed by Texas Investigation Network, Inc., a true and correct copy of which is attached
hereto as Exhibit “C” and incorporated herein by reference. Debtor's social security number has
PRAYER FOR RELIEF
This application is supported by the attached affidavit of Mark Deaton, who has
personal knowledge of the relevant facts.
Plaintiff Waste Management of Texas, Inc. requests (1
Court issue a Writ of Garnishment After Judgment against Gamishee; (2) that Plaintiff have
judgment against Garnishee to satisfy the Judgment against Debtor Anastasios C. Roth (aka Tasi
Roth) as provided by law, together with all costs of court; and (3) such other relief to which
Plaintiff may be justly entitled.
Respectfully submitted,
LLP
B. Lee Wertz
State Bar No.00797796
Mark Deaton
State Bar No. 24069588
mark.deaton@ harrisonbettis.com
(713) 843-7901 (facsimile)
ATTORNEY S FOR DEFENDANT
WASTE MANAGEMENT OF TEXAS, INC
CAUSE NO. 2010-11656
WASTE MANAGEMENT OF TEXAS, INC. § IN THE DISTRICT COURT OF
Plaintiff §
§
§
VS. § HARRIS COUNTY, TEXAS
§
BANK OF AMERICA, N.A. §
Garnishee § 80" JUDICIAL DISTRICT
AFFIDAVIT OF MARK DEATON
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, the undersigned authority, on this day personally appeared Mark Deaton, a
person known to me, who after being duly sworn on his oath, says and deposes as follows:
“My name is Mark Deaton, and I am over 18 years of age, of sound mind, and
capable of making this affidavit. I am WASTE MANAGEMENT OF TEXAS,
INC.’s attorney in the above entitled and numbered cause. I have read the
foregoing Application for Writ of Garnishment After Judgment and know the
contents thereof. The facts stated therein are within my personal knowledge and
the same are, in all respects true and correct
he
RK DEATON
Subscribed and sworn before me, the undejéigned authority, on this the Qth day of
My { Ot)
-
2014.
aud
i, STACEY L
MY COMMISSION EXPIRES
26, 2015 State of Texas
My Commission expires Ju ly Le DIB