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  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
  • Backyard Paradise Pools, LLC  v. USAA Federal Savings Bank v. Kristopher Meyer and Christi MeyerOther Civil - Over $250,000 document preview
						
                                

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Cause Number 23-08-11020 BACKYARD PARADISE POOLS, LLC § IN THE COUNTY COURT Plaintiff, USAA FEDERAL SAVINGS BANK AT LAW NO. 6 Garnishee KRISTOPHER MEYERand CHRISTI MEYER Defendants. MONTGOMERY COUNTY, TEXAS Motion for Substitute Service To the Honorable Judge Presiding: Backyard Paradise Pools, LLC Plaintiff , files this Motion for Substitute Service of Process: Kristopher Meyer and Christi Meyer (the Meyers”) are the Defendants in this lawsuit The Meyers are believed to reside at 6215 Magnolia Trail, Conroe, Texas 77306 (the “Meyer Residence Plaintiff process server attempted to serve the Meyers at the Meyer Residence on three different occasions between August 16 and August 18, 2023. On August 16, 2023, when attempting personal service, Plaintiff's process made contact with the Meyers via telephone. Kristopher Meyer told Plaintiff's process Exhibit A— MCAD Report Exhibit B — Process Server Affidavit server he and Christi Meyerdid not want what she had and did not know when theywouldreturn to the Meyer Residence. When Plaintiff's process server attempted to serve the Meyers at the Meyer Residence on August 17 and 18, 2023, the front gate was in the locked position, and she was unable to access the Meyer Residence In addition, theMeyers contact ed our office via telephone. Days later n attorney contact our office claiming to represent the Meyers (the Meyer’s Attorney Therefore, Plaintiff request that the Court authorize Plaintiff to serve the Meyers pursuant to Rule 106, by delivering the Writ of Garnishment, the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Texas Supreme Court with a true and correct copy of the Application for Writ of Garnishment, attached to anyone over the age of sixteen (16) years or by attaching the aforementioned to the gate at 6215 Magnolia Trail, Conroe, Texas 77306Plaintiff will also serve the Meyer’s Attorney via certified mai Wherefore, premises considered, Plaintiff respectfully pray that the Court authorize Plaintiff to serve the Meyers pursuant to Rule 106, by delivering the Writ of Garnishment, the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Texas Supreme Court with a true and correct copy of the Application for Writ of Garnishment, to anyone over the age of sixteen (16) years or by attaching the aforementioned to the gateat 6215 Magnolia Trail, Conroe, Texas 77306, and the Id. Id. Meyer’s Attorney via certified mail Respectfully submitted, /s Grant Neal Travis Owens Texas Bar Number 24065859 Conner Tichota Texas Bar Number 24103245 Grant Neal Texas BarNumber 24135601 Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, TX 77387 Tel. (936) 828 Fax. (832) 327 travis@owens lawgroup.com conner@owens lawgroup.com Attorney for Plaintiff EXHIBIT A CL] MARKET VALUE Active Real TANGLEWILDE FARMS 02, LOT 4A, 5A, ACRES 8.000 Tanglewilde Farms $2 9220-02-00601 - MEYER, CHRISTI M & KRISTOPHER B $2 Disabled Veteran (Active), Homestead (Active) $5 100% ASSESSED VALUE 6215 MAGNOLIA TRL CONROE, TX 77306-5744 $2 - $5 $5 N/A values are not applicable towar TOTALS 1.7421 E1 - Single Family over 5 acres Non-Ag Yes 2,886 Sq, Ft N/A 348,480 Sq. ft / 8.000000 TOTALS acres EXHIBIT B NO. 23-08-11020 BACKYARD PARADISE POOLS, LLC IN THE COUNTY COURT VS. COUNTY COURT AT LAW #6 # KRISTOPHER MEYER, CHRSTI MEYER MONTGOMERY COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE THE STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned, personally appeared CHERYL BEARD, who, by me duly sworn, deposed as follows: "1. Lam authorized to service citation under Rule, 103 of the Texas Rules of Civil Procedure. "2. I attemped to make personal service on Defendant : CHRISTI MEYER @ 6215 MAGNOLIA TRAIL, CONROE, TEXAS 77306 AUGUST 16,2023 @ 7;01 PM. GATE WAS OPEN, NO ANSWER AT THE DOOR CALLED HIS # HE SAID SHE WAS NOT THERE TOLD HIM WHAT I HAD SAID THAT THEY DID NOT WANT IT AND DID NOT KNOW WHEN WOULD BE THERE.. AUGUST 17,2023 @ 7:41 A.M. GATE LOCKED AND NO ANSWER ON HIS PHONE. AUGUST 18,2023 @ 2:25 P.M. GATE LOCKED NO ANSWER ON HIS PHONE "3, [have personal knowledge of the facts stated above, and they are true and correct." Cheryl Beard, Affianf§CH # 185/ EX 7-31-24 SIGNED AND SWORN TO before me on_fh AQus+ Al_, 2023 sey, KAYLA NICOLE BARRIENTES Karla Leuuty- Notary Pablic lotary Public, State of Texas! Comm. Expires 10-05-2026 N jotary ID 133371554 — i NOTICE TO DEFENDANT OF writ OF GARNISHMENT AFTER JUDGMENT 23-08-11020 CLERK OF THE COURT Attorney Requesting Service Melisa Miller Grant Neal PO BOX 2985 PO Box 8605 The Woodlands TX 77387 CONROE, TX 77305 THE STATE OF TEXAS TO: Christi Meyer 6215 Magnolia Trail OR WHEREVER THE ADDRESSEE MAY BE FOUND Conroe TX 77306 ~ Whereas, in the County Court at Law #6 of Montgomery County, Texas, in a certain cause wherein Backyard Paradise Pools, LLC is/are Plaintiff(s), and Kristopher Meyer; Christi Meyer is/are Defendant(s), and numbered 22-11-15294 on the docket of said court, the Plaintiff claiming an indebtedness and having a valid and subsisting judgment in this court against the said in the sum of $ 24,039.47 Dollars, besides interest and cost of suit, heretofore, and on the on this the 31st day of July, 2023 made and filed an affidavit in writing as a prerequisite to, and for the purpose of applying for, and in due course of law has applied for a writ of garnishment against Christi Meyer. HEREIN FAIL NOT, but make due answer as the law directs. Issued an iven_under my hand and seal of said Cou Court at #6, at office, in Montgome: Count Texas on this the 9th day of August, 2023. intl, Melisa Miller, District Clerk jontgomery County, Texas < RN Moy "G, eWB, = My, i. see z>: : By:. 3% IQ2 Delcy Phillips, Deputy “S “Ss sZt: “$s %,% Q5 teeaeet > 8/9/2023 4:17:37 PM Ht SR ay a OFFICER’S RETURN ON NOTICE 10 DEFENDANT OF WRIT OF GARNISHMENT AFTER JUDGMENT Cause No.: 23-08-11020 Issued: 8/9/2023 Style: Backyard Paradise Pools, LLC v. USAA Federal Court No: County Court at Law #6 Savings Bank v. Kristopher Meyer and Christi Meyer To: Christi Meyer Address: 6215 Magnolia Trail OR WHEREVER THE ADDRESSEE Conroe TX 77306 MAY BE FOUND Came to hand the day of 20__, at o’clock, and executed in County, Texas by delivering to each of the within named defendants in person, a true copy of this citation with the date of delivery endorsed thereon, together with the accompanying copy of the NOTICE TO DEFENDANT OF WRIT OF GARNISHMENT AFTER JUDGMENT at the following times and places, to wit: Name Date/Time Place, Course and distance from Courthouse Manner of service: *And not executed as to the defendants(s) The diligence used in finding said defendant(s) being: And the cause of failure to execute this process is: And information received as to the whereabouts of said defendant(s) being: FEES: Serving Petition and Copy $ OFFICER TOTAL $ County, Texas By: SSE De jeputy AFFIANT Complete if you are a person other than a Sheriff, Constable, or Clerk of the Court. In accordanc e with Rule 107: the officer, or authorized person who services, or attempts to serve a citation shall sign and return. The return must either be verified or be signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially the following form: My full name is Declarant/Authorized Process Server My date of birth is L_/ , and my address is ID# & Exp. Of Certification | DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING is TRUE AND CORRECT SWORN AND SUBSCRIBED ON Executed in, County, State of ——_ onthe day of 20. DATE Declarant/Authorized Process Server ID# & Exp. Of Certification NOTARY NO. 23-08-11020 BACKYARD PARADISE POOLS, LLC IN THE COUNTY COURT VS. COUNTY COURT AT LAW #6 # KRISTOPHER MEYER, CHRSTI MEYER MONTGOMERY COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE THE STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned, personally appeared CHERYL BEARD, who, by me duly sworn, deposed as follows: "1. Lam authorized to service citation under Rule, 103 of the Texas Rules of Civil Procedure. "2. Lattemped to make personal service on Defendant : KRISTOPHER MEYER @ 6215 MAGNOLIA TRAIL, CONROE, TEXAS 77306 AUGUST 16,2023 @ 7;01 PM. GATE WAS OPEN, NO ANSWER AT THE DOOR CALLED HIS # HE SAID HE WAS NOT THEREI TOLD HIM WHAT I HAD SAID THAT HE DID NOT WANT IT AND DID NOT KNOW WHEN WOULD BE THERE.. AUGUST 17,2023 @ 7:41 A.M. GATE LOCKED AND NO ANSWER ON HIS PHONE. AUGUST 18,2023 @ 2:25 P.M. GATE LOCKED NO ANSWER ON HIS PHONE "3. [have personal knowledge of the facts stated above, and they are true and correct." Cheryl Beard, Afiant SCH # 185/E 7-31-24 SIGNED AND SWORN TO before me on MUGUS+ Al, 2023 Bewuthy Notary Bublic we KAYLA NICOLE BARRIENTES jotary Public, ‘State of Texas| omm. Expires 10-05-2025 OR OFS Notary ID 133371554 Ty NOTICE TO DEFENDANT OF WRIT OF GARNISHMENT AFTER JUDGMENT 23-08-11020 CLERK OF THE COURT Attorney Requesting Service Melisa Miller Grant Neal PO BOX 2985 PO Box 8605 The Woodlands TX 77387 CONROE, TX 77305 THE STATE OF TEXAS TO: Kristopher Meyer 6215 Magnolia Trail OR WHEREVER THE ADDRESSEE MAY BE FOUND Conroe TX 77306 Whereas, in the County Courtat Law #6 of Montgomery County, Texas, in a certain cause wherein Backyard —_\ Paradise Pools, LLC is/are Plaintiff(s), and Kristopher Meyer; Christi Meyer is/are Defendant(s), and numbered 22-11-15294 on the docket of said court, the Plaintiff claiming an indebtedness and having a valid and subsisting judgment in this court against the said in the sum of $ 24,039.47 Dollars, besides interest and cost of suit, heretofore, and on the on this the 31st day of July, 2023 made and filed an affidavit in writing as a prerequisite to, and for the purpose of applying for, and in due course of law has applied for a writ of garnishment against Kristopher Meyer. ‘ HEREIN FAIL NOT, but make due answer as the law directs. | ssued and given under my hand and seal of said Coun court at w #6, at office, in Montgome Count: Texas on this the 9th day of August, 2023. ntti, Melisa Miller, District Clerk * On, lontgomery County, Texas Kell My, ste sf %1B, Fe. “Os is tR= By:. Se 192 2G OF “Ss Delcy Phillips, Deputy 2. 2 22 Oso. Mn, ” = 8/9/2023 4:17:26 PM “Mena” # ISHMENT AFTE R JUDGMENT ICE TO DE FENDANT OF WRIT OF GARN _ x FFICEI R’S RET URN ON NOT Issued: 8/9/2023 Cause No.: 23-08-110 20 at Law #6 v. USAA Federal Court No: County Court LLC Style: Backyard Paradise Pools, and Christi Meyer Savings Bank v. Kristopher Meyer To: Kristopher Meyer OR WHEREVER THE ADDRESSEE Address: 6215 Magnolia Trail MAY BE FOUND Conroe TX 77306 __, 20__, at o’clock, and executed in Came to hand the day of citation with to g each of the with in nam ed defe ndan ts in perso n, a true copy of this County, Texas by deliverin ICE TO DEFENDANT ery endo rsed there on, toge ther with the accompanying copy of the NOT the date of deliv wit: OF GAR NIS HME NT AFTE R JUD GME NT at the following times and places, to OF WRIT ouse Date/Time Place, Course and distance from Courth Name Manner of service: *And not executed as to the defendants(s) The diligence used in finding said defendant(s) being: ‘And the cause of failure to execute this process is: uts of said defendant(s) being: ‘And information received as to the whereabo FEES: Serving Petition and Copy S$ OFFICER TOTAL $___. County, Texas By: , Deputy AFFIANT Clerk of the Court. In accordan ce with Rule Complete if you are a person other than a Sheriff, Constable, or to serve a citation shall sign and return. The 107: the officer, or authorized person who services, or attempts of perjury. return must either be verified or ke signed under penalty Areturn signed under penalty of perjury must contain the statement below in substantially the following form: Declarant/Authorized Process Server My full name is My date of birth is__/ 1 , and my address is ID# & Exp. Of Certification is 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING SWORN AND SUBSCRIBED ON TRUE AND CORRECT . , County, State of , Executed in onthe day of 20. DATE Dectarant/Authorized Process Server ID# & Exp. Of Certification NOTARY