On March 14, 2014 a
ORIGINAL PETITION/APPLICATION
was filed
involving a dispute between
Fitzer , Erin G,
and
for GARNISHMENT (GEN LIT )
in the District Court of Travis County.
Preview
3/18/2014 10:19:11 AM
Amalia Rodriguez-Mendoza
District Clerk
D-1-GN-14-000802 Travis County
Cause No. D-1-GN-14-000802
ERIN G. FITZER, § IN THE DISTRICT COURT OF
Plaintiff in Garnishment, :
V. : 98TH JUDICIAL DISTRICT
AMPLIFY FEDERAL CREDIT UNION, :
Garnishee. : TRAVIS COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT.
1. Parties - Erin Fitzer, Plaintiff in Garnishment, whose address is 815-A Brazos St.
#58, Austin, TX 78701, makes this Application for Writ of Garnishment after Judgment.
Garnishee is Amplify Federal Credit Union, who may be served with citation through its
registered agent Lisa M. Larson at 2608 Brockton Dr., Austin, Texas 78758.
2. Facts. Plaintiff has a valid, subsisting judgment against Defendant, Brian P.
Gleason, whose address is 4800 Counts Cove, Austin, Texas 78749, in Cause No. D-1-FM-12-
004512 in this Court. Within Plaintiff's knowledge, Defendant does not possess property in
Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to
injure Defendant or Garnishee.
3. Affidavit. Plaintiff is entitled to the issuance of a writ of garnishment on the
grounds stated in the attached affidavit. The affidavit is incorporated in this application by
reference.
4. Prayer. Plaintiff prays that—
a. a writ of garnishment be issued directed to Garnishee;
b. Plaintiff be granted judgment against Garnishee for the amount now due
on Plaintiff's judgment already rendered against Defendant, together with
interest and costs of the suit in the original case and in this garnishment
proceeding;
c. Plaintiff be granted judgment for prejudgment and postjudgment interest
at the highest rate allowed by law; and
d. Plaintiff be granted all further relief to which Plaintiff may be entitled.March 14, 2014
Respectfully submitted,
REID COLLINS & TSAI LLP
1301 S. Capital of Texas Hwy
Suite C300
Austin, TX 78746
T: 512-647-6100
F: 512-647-6129
/s/ Sean D. Johnson
Sean D. Johnson
Texas Bar No. 24055746
Attorneys for Plaintiff in Garnishment
ERIN G, FITZERCause No.
ERIN G. FITZER, IN THE DISTRICT COURT OF
Plaintiff in Garnishment,
V. 98TH JUDICIAL DISTRICT
AMPLIFY FEDERAL CREDIT UNION,
OP CO> Or COD COD CO? CO? COD CO?
Garnishee. TRAVIS COUNTY, TEXAS
AFFIDAVIT FOR WRIT OF GARNISHMENT AFTER JUDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared Sean D.
Johnon, who swore on oath that the following facts are true:
“T am Plaintiff's counsel in this cause. I am authorized to make this affidavit and
application for a writ of garnishment in this cause.
I have personal knowledge of the facts stated in this affidavit, and they are true and
correct.
Plaintiff in Garnishment owns a judgment against Brian P. Gleason, Defendant in
Garnishment, which was rendered on March 11, 2014 by this Court. The judgment is valid and
subsisting, and a supersedeas bond has not been approved and filed to suspend execution of the
judgment, The amount now due and unpaid on the judgment is $24,768.84 plus interest.
Within my knowledge, Defendant in Garnishment does not possess property in Texas
subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure
Defendant in Garnishment or Garnishee.
I have reason to believe and do believe that Garnishee has property belonging to
Defendant or is indebted to Defendant. This belief is based on Plaintiff in Garnishment personal
knowledge.” ef ey
x \
Sean D. Johnson
Sworn to and subscribed before me by Sean D. Johnson on March 14, 2014.MY COMMISSION EXPIRES
dune 14, 2016
My commission expires:
[Y,
MINA NAPOLES MYERS |
f/f
(Wia
Notary Public in and for
the State of Texas
Document Filed Date
March 14, 2014
Case Filing Date
March 14, 2014
Category
GARNISHMENT (GEN LIT )
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