Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS: ME Okere d/b/a Hope’s Financial Management appeals the trial court’s judgment in favor of Chase Manhattan Mortgage Corp. in the underlying garnishment action. In seven issues, Okere challenges the trial court’s entry of judgment, conduct of and failure to dismiss the underlying case, denial of Okere’s motion to vacate or dissolve the writ of garnishment, failure to “conduct” findings of fact and conclusions of law, admission of a fraudulent affidavit in support of the garnishment action, and overruling of Okere’s motion for new trial. In August 2002, this court determined the subject property located at 9914 Castle Bay Drive, was lawfully foreclosed upon by Chase. In May 2005, this court affirmed the trial court’s judgment arising out of Chase’s forcible entry and detainer action against Okere. In August 2005, this court affirmed the trial court’s summary judgment in favor of Chase on its counterclaims against Okere. This case arises out of Chase’s garnishment action against Okere. The trial court entered judgment awarding Chase funds held by garnishee Bank of America, and this appeal followed. HOLDING: Affirmed. On Dec. 30, 2004, the trial court entered an order dismissing with prejudice the claims of Regina Okere, an intervenor in the case. However, the order provided that “all other claims in this action remain pending.” Because this order did not dispose of the garnishment action except as to Regina Okere, the trial court did not lose plenary power 30 days later. Okere argues the application for a writ of garnishment was never properly served on him. On the contrary, the record contains the affidavit of attorney Lori J. Lamoreaux in which she states she sent complete copies of the notice of garnishment, the writ of garnishment, and the amended application for writ of garnishment to Okere at his address of record and his last known home address via certified mail. Okere offers no contradictory evidence other than his unsupported assertions in his brief that he did not receive service. The court concludes the record does not demonstrate a lack of proper service. Okere argues Chase failed to establish the parties named on the affidavit supporting the application for writ of garnishment were indebted to Chase and failed to meet the requirements of Texas Civil Practice & Remedies Code �63.001. A writ of garnishment is available to a judgment creditor where the creditor 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.” The record contains copies of the judgments against Okere in favor of Chase and another affidavit by Lamoreaux in which she cites Okere’s testimony that he does not own any real property or other assets which would be subject to execution, and he holds a checking account with garnishee Bank of America. The court concludes this evidence was sufficient to establish that Okere was indebted to Chase, Chase had a judgment against Okere, the application for writ of garnishment properly named Okere, and Okere did not possess property in Texas subject to execution sufficient to satisfy the judgment. OPINION: Bridges, J.; Whittington, Bridges and Lang-Miers, J.J.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.