On February 01, 2021 a
Motion-Secondary
was filed
involving a dispute between
King Of Freight, Llc,
and
Jp Morgan Chase Bank National Association,
for GARNISHMENT AFT JUDGMENT
in the District Court of Harris County.
Preview
-68946-A
KING OF FREIGHT LLC IN THE DISTRICT COURT
Garnishor
JP MORGAN CHASE BANK, OF HARRIS COUNTY, TEXAS
NATIONAL ASSOCIATION
Garnishee
OSMEIDIS ARIAS FIGUE
Judgment Debtor JUDICIAL DISTRICT
BRIEF IN SUPPORT OF ISSUANCE OF WRIT OF GARNISHMENT AFTER
JUDGMENT
King of Freight, LLC files this Brief in Support of Issuance of Writ of Garnishment after
Judgment and would show as follows:
A. Background
As stated in its Application, Garnishor has a final judgment against the Defendant
Osmeidis Arias Figueroa that was issued by the District Court of Sedgwick County, Kansas on
August 3, 2020, and subsequently domesticated in this State. Garnishor has performed due
diligence and an asset search of the Defendant whereupon it was discovered that the Defendant
has a bank account with the Garnishee JP Morgan Chase Bank, NA.
Garnishor, King of Freight, LLC filed it Application for Writ of Garnishment with
the Court on February 1, 2021. The application has been set for submission for consideration by
the Court and most-recently considered by hearing on April 30, 2021.
During the above-referenced hearing the Court expressed concern that the
Application had not been served on either the Garnishee or the Judgment Debtor. The Court stated
that undersigned counsel should either serve the Application on the Garnishee and Judgment Debtor,
or explain to the Court why a Writ of Garnishment should be issued in the absence of such service
and an opportunity to file an answer.
B. Discussion
4. A writ of garnishment is available, inter alia, if “a plaintiff has a valid, subsisting
judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does
not possess property in Texas subject to execution sufficient to satisfy the judgment.” Tex. Civ.
Prac. & Rem Code § 63.001(3).
5. The statutory scheme calls for service of the writ of garnishment after it has been
issued, not service of the application for writ of garnishment. See Tex. Civ. Prac. & Rem Code §
63.003; see also Tex. R. Civ. P. 663 & 663a. The only question before the Court in issuing the writ
is whether Garnishor has complied with the requirements of the statute, to wit: that Garnishor has
established that it has a valid, subsisting judgment, and that the judgment debtor does not have, to
Garnishor’s knowledge, sufficient property in Texas subject to execution to satisfy the judgment.
6. The writ itself is very similar to a citation in a lawsuit. A copy of a writ from a
separate case is attached hereto for your reference. See Exhibit A, attached hereto. Service of the
writ is made on the garnishee after it is issued by the Court. Tex. R. Civ. P. 663. As soon as
practicable after service of the writ on the garnishee, the judgment creditor shall serve a copy of
the writ and other filings and orders in the case on the judgment debtor in accordance with Texas
Rule of Civil Procedure 21a. Tex. R. Civ. P. 663a.
7. Thereafter the garnishee shall file an answer with the Court stating whether and
what property of the judgment debtor that the garnishee holds; if the garnishor or any other party
to the proceeding files an affidavit controverting the garnishee’s answer then a trial shall be held.
See Tex. Civ. Prac. & Rem Code § 63.005.
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C. Prayer
8. For these reasons your Judgment Creditor prays that a writ of garnishment be issued
against garnishee, so that service may be made in accordance with the statute and rules.
Respectfully submitted,
DUGGER & ASSOCIATES
By: /s/ Matthew A. Key
Matthew A. Key
State Bar No. 24072180
1401 Enclave Parkway, Suite 125
Houston, Texas 77077
Telephone: 281.497.1770
Telecopier: 281.497.1459
mkey@duggerlaw.com
M:\King of Freight\Osmeidid Arias Figueroa\Garnishment\ Brief in Support of Writ of Garnishment 5-11-2021
3
Document Filed Date
May 12, 2021
Case Filing Date
February 01, 2021
Category
GARNISHMENT AFT JUDGMENT
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