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Received and E-Filed for Record
6/15/2021 11:54 AM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Rachel Gallagher
21-06-08313
CAUSE NO. ___________________
AMERICAN BUILDERS & § IN THE DISTRICT COURT
CONTRACTORS SUPPLY §
COMPANY, INC. D/B/A ABC §
SUPPLY CO., INC., §
PLAINTIFF, §
§
vs. §
§
WELLS FARGO BANK, N.A., § 457TH JUDICIAL DISTRICT
GARNISHEE BANK, §
§
vs. §
§
ROOF & FENCE PRO, LLC AND §
JANET RUSSELL MCCULLOUGH , §
DEFENDANTS. § MONTGOMERY COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
1. Parties.
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 WELLS FARGO BANK, N.A. which may
be served with citation by serving its registered agent Corporation Service Company dba CSC -
Lawyers Incorporating at 211 E. 7th Street, Suite 620, Austin, Texas 78701.
2. Facts. Plaintiff has a valid, subsisting judgment in Cause No. 20-04-04482 against
Defendants, ROOF & FENCE PRO, LLC AND JANET RUSSELL MCCULLOUGH whose
last known addresses are:
ROOF & FENCE PRO, LLC, 31903 Nichols Sawmill Rd, Magnolia, Texas 77355-8571
JANET RUSSELL MCCULLOUGH, 25118 Wintergreen Dr, Magnolia, Texas 77355-3523
Within Plaint fendant does not possess property in Texas subject to execution
sufficient to satisfy the judgment. This garnishment is not sought to injure Defendant or
Garnishee.
ROOF & FENCE PRO, LLC, USED FEDERAL TAX ID: XX-XXXX714
JANET RUSSELL MCCULLOUGH, USED SOCIAL SECURITY NO. XXX-XX-0943
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
$96,566.75, plus service charges of $4,137.22 as of February 12, 2020, now
due on Plain t 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
$96,566.75 from February 13, 2020 through December 28, 2020;
d. Plaintiff be granted post-judgment interest at the rate of 18% per annum from
December 29, 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
ATTORNEYS FOR PLAINTIFF
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Received and E-Filed for Record 6/15/2021 11:54 AM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Rachel Gallagher 21-06-08313 CAUSE NO. ___________________ AMERICAN BUILDERS & § IN THE DISTRICT COURT CONTRACTORS SUPPLY § COMPANY, INC. D/B/A ABC § SUPPLY CO., INC., § PLAINTIFF, § § vs. § § WELLS FARGO BANK, N.A., § 457TH JUDICIAL DISTRICT GARNISHEE BANK, § § vs. § § ROOF & FENCE PRO, LLC AND § JANET RUSSELL MCCULLOUGH , § DEFENDANTS. § MONTGOMERY COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT 1. Parties. 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 WELLS FARGO BANK, N.A. which may be served with citation by serving its registered agent Corporation Service Company dba CSC - Lawyers Incorporating at 211 E. 7th Street, Suite 620, Austin, Texas 78701. 2. Facts. Plaintiff has a valid, subsisting judgment in Cause No. 20-04-04482 against Defendants, ROOF & FENCE PRO, LLC AND JANET RUSSELL MCCULLOUGH whose last known addresses are: ROOF & FENCE PRO, LLC, 31903 Nichols Sawmill Rd, Magnolia, Texas 77355-8571 JANET RUSSELL MCCULLOUGH, 25118 Wintergreen Dr, Magnolia, Texas 77355-3523 Within Plaint fendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure Defendant or Garnishee. ROOF & FENCE PRO, LLC, USED FEDERAL TAX ID: XX-XXXX714 JANET RUSSELL MCCULLOUGH, USED SOCIAL SECURITY NO. XXX-XX-0943 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 $96,566.75, plus service charges of $4,137.22 as of February 12, 2020, now due on Plain t 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 $96,566.75 from February 13, 2020 through December 28, 2020; d. Plaintiff be granted post-judgment interest at the rate of 18% per annum from December 29, 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 ATTORNEYS FOR PLAINTIFF