Preview
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
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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
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“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