On January 12, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Worldwide Produce Direct, Llc,
and
C&A Truck Brokerage, Inc.,
Rusos Transport Corp.,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
5/14/2020 3:06 PM
Hidalgo County District Clerks
Reviewed By: Gary Rodriguez
CAUSE NO. C-0186-17-I
WORLDWIDE PRODUCE § IN THE DISTRICT COURT
DIRECT, LLC, §
§
vs. § HIDALGO COUNTY, TEXAS
§
C&A TRUCK BROKERAGE, INC., et. a1. §
398m JUDICIAL DISTRICT
AMENDED MOTION FOR POST-JUDGMENT RECEIVERSHIP
PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE
1. Plaintiff has obtained a judgment against Rusos Transport Corp. (“Defendant”) in this cause.
The judgment is dated 08-07-2018. Plaintiff asks the Court to take judicial notice of the
judgment in its file.
2. §31.002 (a) specifically provides that, “A judgment creditor is entitled to aid from a court of
.” and
appropriate jurisdiction. . §31.002 (b) (3) provides for the appointment of a receiver to
collect the debt. The defendant has not paid the judgment; the defendant owns property,
including present or future rights to property, which is not exempt from attachment, execution,
or seizure for the Satisfaction of liabilities. See Exhibit “A”, which is incorporated herein by
reference as if et Out word for word.
3. Accordingly, PlaiPtiff requests the Court order Defendant to turn over all nonexempt property
that is in the defé'ndant’s Ipossession or subject to the defendant’s control, together with all
documents related to the property, to a receiver with the authority to take possession of the
nonexempt property, sell itand pay the proceeds to the plaintiff to the extent required to satisfy
the judgment, including the fees and costs of the receiver.
4. Plaintiff further moves the Court to appoint a receiver pursuant to §31.002 (b) (3), to take
possession of the nonexempt assets and documents related to the assets, sell the assets and
Electronically Filed
5/14/2020 3:06 PM
Hidalgo County District Clerks
Reviewed By: Gary Rodriguez
apply the proceeds from the sale t0 satisfy the judgment, including the receiver’s fee and costs.
Plaintiff requests this court to appoint:
Paul Wilson
Wilson Law Firm, PLLC
323 W. Cano Street, 211d Floor
Edinburg, TX 78539
Phone: (956) 3l6-0545
as Receiver. Mr. Wilson has extensive experience as a receiver in turnover matters.
5. Plaintiff requests that the Court award its attorney’s fees, expenses and costs in the amount of
$500.00 for preparing, filing and arguing the motion and obtaining an order. Under §3 1 .002
(e), the judgment creditor is entitled to recover reasonable costs, including attorney’s fees.
Wherefore, Plaintiff respectfully requests that the court appoint a receiver to collect the
judgment in this case', award attorney’s fees, and provide for the payment 0f fees and costs t0 the
receiver.
Respectfully submitted,
BARNETT & GARCIA, PLLC
3821 Juniper Trace, Suite 108
Austin, Texas 78738
TELEPHONE: (512) 266-8830
FACSIMILE: (512) 266-8803
/s/ Matias Eduardo Garcia
Matias Eduardo Garcia
State Bar N0. 24012675
matt@barnettgarcia.com
Sean S.V. Homrig
State Bar No. 24062789
Lawrence J. Falli
State Bar No. 24068702
Ian A. McCarthy
State Bar No. 24078960
ATTORNEYS FOR PLAINTIFF
Document Filed Date
May 14, 2020
Case Filing Date
January 12, 2017
Category
Contract - Other Contract (OCA)
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Electronically Filed 5/14/2020 3:06 PM Hidalgo County District Clerks Reviewed By: Gary Rodriguez CAUSE NO. C-0186-17-I WORLDWIDE PRODUCE § IN THE DISTRICT COURT DIRECT, LLC, § § vs. § HIDALGO COUNTY, TEXAS § C&A TRUCK BROKERAGE, INC., et. a1. § 398m JUDICIAL DISTRICT AMENDED MOTION FOR POST-JUDGMENT RECEIVERSHIP PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE 1. Plaintiff has obtained a judgment against Rusos Transport Corp. (“Defendant”) in this cause. The judgment is dated 08-07-2018. Plaintiff asks the Court to take judicial notice of the judgment in its file. 2. §31.002 (a) specifically provides that, “A judgment creditor is entitled to aid from a court of .” and appropriate jurisdiction. . §31.002 (b) (3) provides for the appointment of a receiver to collect the debt. The defendant has not paid the judgment; the defendant owns property, including present or future rights to property, which is not exempt from attachment, execution, or seizure for the Satisfaction of liabilities. See Exhibit “A”, which is incorporated herein by reference as if et Out word for word. 3. Accordingly, PlaiPtiff requests the Court order Defendant to turn over all nonexempt property that is in the defé'ndant’s Ipossession or subject to the defendant’s control, together with all documents related to the property, to a receiver with the authority to take possession of the nonexempt property, sell itand pay the proceeds to the plaintiff to the extent required to satisfy the judgment, including the fees and costs of the receiver. 4. Plaintiff further moves the Court to appoint a receiver pursuant to §31.002 (b) (3), to take possession of the nonexempt assets and documents related to the assets, sell the assets and Electronically Filed 5/14/2020 3:06 PM Hidalgo County District Clerks Reviewed By: Gary Rodriguez apply the proceeds from the sale t0 satisfy the judgment, including the receiver’s fee and costs. Plaintiff requests this court to appoint: Paul Wilson Wilson Law Firm, PLLC 323 W. Cano Street, 211d Floor Edinburg, TX 78539 Phone: (956) 3l6-0545 as Receiver. Mr. Wilson has extensive experience as a receiver in turnover matters. 5. Plaintiff requests that the Court award its attorney’s fees, expenses and costs in the amount of $500.00 for preparing, filing and arguing the motion and obtaining an order. Under §3 1 .002 (e), the judgment creditor is entitled to recover reasonable costs, including attorney’s fees. Wherefore, Plaintiff respectfully requests that the court appoint a receiver to collect the judgment in this case', award attorney’s fees, and provide for the payment 0f fees and costs t0 the receiver. Respectfully submitted, BARNETT & GARCIA, PLLC 3821 Juniper Trace, Suite 108 Austin, Texas 78738 TELEPHONE: (512) 266-8830 FACSIMILE: (512) 266-8803 /s/ Matias Eduardo Garcia Matias Eduardo Garcia State Bar N0. 24012675 matt@barnettgarcia.com Sean S.V. Homrig State Bar No. 24062789 Lawrence J. Falli State Bar No. 24068702 Ian A. McCarthy State Bar No. 24078960 ATTORNEYS FOR PLAINTIFF