Preview
Received and E-Filed for Record
5/5/2021 11:41 AM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Alexis Wall
CAUSE NO. 21-05-06312
_________________
AMERICAN BUILDERS & § IN THE DISTRICT COURT
CONTRACTORS SUPPLY §
COMPANY, INC. DBA ABC SUPPLY §
CO. INC., §
PLAINTIFF, §
§
vs. §
§
FIRST NATIONAL BANK TEXAS § 457TH JUDICIAL DISTRICT
DBA FIRST CONVENIENCE BANK, §
GARNISHEE BANK, §
§
vs. §
§
WILLIAM PERRY BRUCE DBA §
PRO TECH ROOFING, §
DEFENDANT. § MONTGOMERY COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
1. Parties. AMERICAN BUILDERS & CONTRACTORS SUPPLY
COMPANY, INC., DBA ABC SUPPLY CO., INC. whose address is in care of Barnett &
Garcia, PLLC, 3821 Juniper Trace, Suite 108, Austin, Texas 78738, makes this Application for
Writ of Garnishment after Judgment. Garnishee is FIRST NATIONAL BANK TEXAS DBA
FIRST CONVENIENCE BANK which may be served with citation by serving its registered
agent, James W Meredith, at 507 North Gray Street, Killeen, Texas 76541
2. Facts. Plaintiff has a valid, subsisting judgment in Cause No. 20-08-09228
against Defendant, WILLIAM PERRY BRUCE DBA PRO TECH ROOFING whose last
known address is 16303 Oaklane Trl, Magnolia, Texas 77355-5853. Within Plaint iffs
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.
WILLIAM PERRY BRUCE DBA PRO TECH ROOFING, USED SOCIAL SECURITY
NO. XXX-XX-9245
FULL IDENTIFICATION NUMBERS WILL BE MADE AVAILABLE TO THE COURT
AND COUNSEL.
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 Garnishees;
b. Plaintiff be granted judgment against Garnishees for the principal amount of
$10,414.65, and service charges of $312.44 as of 5/20/2020, now due on
Plaintiff' s judgment already rendered against Defendant, together with costs
of the suit in the original case and in this garnishment proceeding;
c. Plaintiff be granted pre-judgment interest at the rate of 18% per annum on
$10,414.65 from May 21, 2020 until November 16, 2020;
d. Plaintiff be granted post-judgment interest at the rate of 18% per annum from
November 17, 2020 until paid;
e. Plaintiff be granted pre-judgment attorney's fees in the amount of $1,200.00;
g. Plaintiff be granted all further relief to which Plaintiff may be entitled.
Respectfully submitted,
BARNETT & GARCIA
A Professional Limited Liability Company
3821 Juniper Trace, Suite 108
Austin, Texas 78738
TELEPHONE: (512) 266-8830
FACSIMILE: (512) 266-8803
/s/ Lawrence J. Falli
Lawrence J. Falli
lawrence@barnettgarcia.com
State Bar No. 24068702
Sean S.V. Homrig
State Bar No. 24062789
Matias Eduardo Garcia
State Bar No. 24012675
Ian McCarthy
State Bar No. 24078960
ATTORNEYS FOR PLAINTIFF
CAUSENO. - 21-05-06312
- -- - - -
AMERICAN BUILDERS & § IN THE DISTRICT COURT
CONTRACTORS SUPPLY §
COMPANY, INC. DBA ABC SUPPLY §
CO. INC., §
PLAINTIFF, §
§
vs. §
§
FIRST NATIONAL BANK TEXAS § 457TH JUDICIAL DISTRICT
DBA FIRST CONVENIENCE BANK, §
GARNISHEE BANK, §
§
vs. §
§
WILLIAM PERRY BRUCE DBA §
PRO TECH ROOFING, §
DEFENDANT. § MONTGOMERY COUNTY, TEXAS
AFFIDAVIT FOR WRIT OF GARNISHMENT
BEFORE ME, the undersigned authority, on this day personally appeared Kris Citera,
who swore on oath that the following facts are true:
"I am employed by AMERICAN BUILDERS & CONTRACTORS SUPPLY
COMPANY, INC., DBA ABC SUPPLY CO., INC., and 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.
"AMERICAN BUlLDERS & CONTRACTORS SUPPLY COMPANY, INC., DBA
ABC SUPPLY CO., INC., owns a judgment against Defendant, WILLIAM PERRY BRUCE
DBA PRO TECH ROOFING, which was entered on November 17, 2020 by this Court in
Cause No. 20-08-09228. The judgment is valid and subsisting, and a supersedeas bond has not
been approved and filed to suspend execution of the judgment. The principal amount now due
and unpaid on the judgment is $10,414.65, and service charges of $312.44 as of 5/20/2020, not
including interest, attorney's fees, and costs of court.
"I have reviewed an Asset Report and within my 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.
"I have reason to believe and do believe that Garnishee has property belonging to
Defendant or is indebted to Defendant"
SIGNED under oath before me on CCwili ~ acBl ~
TINA PHILUPS
-~ ~ - ,
Notary Public Notary Public, State of W,'::CQ'n:)I l\
State of Wisconsin
Preview
Received and E-Filed for Record 5/5/2021 11:41 AM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Alexis Wall CAUSE NO. 21-05-06312 _________________ AMERICAN BUILDERS & § IN THE DISTRICT COURT CONTRACTORS SUPPLY § COMPANY, INC. DBA ABC SUPPLY § CO. INC., § PLAINTIFF, § § vs. § § FIRST NATIONAL BANK TEXAS § 457TH JUDICIAL DISTRICT DBA FIRST CONVENIENCE BANK, § GARNISHEE BANK, § § vs. § § WILLIAM PERRY BRUCE DBA § PRO TECH ROOFING, § DEFENDANT. § MONTGOMERY COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT 1. Parties. AMERICAN BUILDERS & CONTRACTORS SUPPLY COMPANY, INC., DBA ABC SUPPLY CO., INC. whose address is in care of Barnett & Garcia, PLLC, 3821 Juniper Trace, Suite 108, Austin, Texas 78738, makes this Application for Writ of Garnishment after Judgment. Garnishee is FIRST NATIONAL BANK TEXAS DBA FIRST CONVENIENCE BANK which may be served with citation by serving its registered agent, James W Meredith, at 507 North Gray Street, Killeen, Texas 76541 2. Facts. Plaintiff has a valid, subsisting judgment in Cause No. 20-08-09228 against Defendant, WILLIAM PERRY BRUCE DBA PRO TECH ROOFING whose last known address is 16303 Oaklane Trl, Magnolia, Texas 77355-5853. Within Plaint iffs 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. WILLIAM PERRY BRUCE DBA PRO TECH ROOFING, USED SOCIAL SECURITY NO. XXX-XX-9245 FULL IDENTIFICATION NUMBERS WILL BE MADE AVAILABLE TO THE COURT AND COUNSEL. 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 Garnishees; b. Plaintiff be granted judgment against Garnishees for the principal amount of $10,414.65, and service charges of $312.44 as of 5/20/2020, now due on Plaintiff' s judgment already rendered against Defendant, together with costs of the suit in the original case and in this garnishment proceeding; c. Plaintiff be granted pre-judgment interest at the rate of 18% per annum on $10,414.65 from May 21, 2020 until November 16, 2020; d. Plaintiff be granted post-judgment interest at the rate of 18% per annum from November 17, 2020 until paid; e. Plaintiff be granted pre-judgment attorney's fees in the amount of $1,200.00; g. Plaintiff be granted all further relief to which Plaintiff may be entitled. Respectfully submitted, BARNETT & GARCIA A Professional Limited Liability Company 3821 Juniper Trace, Suite 108 Austin, Texas 78738 TELEPHONE: (512) 266-8830 FACSIMILE: (512) 266-8803 /s/ Lawrence J. Falli Lawrence J. Falli lawrence@barnettgarcia.com State Bar No. 24068702 Sean S.V. Homrig State Bar No. 24062789 Matias Eduardo Garcia State Bar No. 24012675 Ian McCarthy State Bar No. 24078960 ATTORNEYS FOR PLAINTIFF CAUSENO. - 21-05-06312 - -- - - - AMERICAN BUILDERS & § IN THE DISTRICT COURT CONTRACTORS SUPPLY § COMPANY, INC. DBA ABC SUPPLY § CO. INC., § PLAINTIFF, § § vs. § § FIRST NATIONAL BANK TEXAS § 457TH JUDICIAL DISTRICT DBA FIRST CONVENIENCE BANK, § GARNISHEE BANK, § § vs. § § WILLIAM PERRY BRUCE DBA § PRO TECH ROOFING, § DEFENDANT. § MONTGOMERY COUNTY, TEXAS AFFIDAVIT FOR WRIT OF GARNISHMENT BEFORE ME, the undersigned authority, on this day personally appeared Kris Citera, who swore on oath that the following facts are true: "I am employed by AMERICAN BUILDERS & CONTRACTORS SUPPLY COMPANY, INC., DBA ABC SUPPLY CO., INC., and 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. "AMERICAN BUlLDERS & CONTRACTORS SUPPLY COMPANY, INC., DBA ABC SUPPLY CO., INC., owns a judgment against Defendant, WILLIAM PERRY BRUCE DBA PRO TECH ROOFING, which was entered on November 17, 2020 by this Court in Cause No. 20-08-09228. The judgment is valid and subsisting, and a supersedeas bond has not been approved and filed to suspend execution of the judgment. The principal amount now due and unpaid on the judgment is $10,414.65, and service charges of $312.44 as of 5/20/2020, not including interest, attorney's fees, and costs of court. "I have reviewed an Asset Report and within my 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. "I have reason to believe and do believe that Garnishee has property belonging to Defendant or is indebted to Defendant" SIGNED under oath before me on CCwili ~ acBl ~ TINA PHILUPS -~ ~ - , Notary Public Notary Public, State of W,'::CQ'n:)I l\ State of Wisconsin