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  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
  • 202068946A - KING OF FREIGHT, LLC vs. JP MORGAN CHASE BANK NATIONAL ASSOCIATION GARNISHMENT AFT JUDGMENT document preview
						
                                

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. 2 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