Citation by Publication/Notice Details

Cause Number : 20-10-12584
Name(s) of party to be served : Welco Fabrication, LLC
Court/County : 284th District Court - Montgomery County (Montgomery)
Citation Type : Other – Citation by Publication or Notice
Publication Start Date :  12/14/2020
Publication End Date :  1/25/2021
Status : Active
Citation/Notice Text :

CITATION BY PUBLICATION – CIVIL Cause Number: 20-10-12584-CV Clerk of the Court Attorney Requesting Service Melisa Miller David A Ward, Jr. P.O Box 2985 Parkwood One 10077 Grogan Mills Road Ste 540 The Woodlands TX 77380 Conroe, Texas 77305 THE STATE OF TEXAS NOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorney does not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of forty-two days after the date of issuance of this citation and petition, a default judgment may be taken against you." To: Welco Fabrication, LLC You are hereby commanded to appear by filing a written answer to the Plaintiffs' Original Petition at or before 10:00 A.M. of the Monday next after the expiration of forty-two days after the date of issuance of this citation the same being Monday, the 25th day of January, 2021 before the 284th Judicial District Court of Montgomery County, Texas at the Courthouse of said County in Conroe, Texas. Said Plaintiffs' Original Petition was filed in said court on this the 14th day of October, 2020, in this case, numbered 20-10-12584-CV on the docket of said court. The names of the parties to the cause are as follows: Mike Postel are Plaintiffs and Welco Fabrication, LLC are Defendants A brief statement of the nature of this suit is as follows, to wit: Plaintiff alleges breach of contract against Defendant. Defendant needed a cash infusion to maintain operations. Defendant possessed accounts receivable and equipment Defendant represented were in good order, due, payable and collectible, and who’s value exceeded the amount of operating capital it needed. In May, 2019, Postel and Defendant entered into an agreement wherein Postel supplied $161, 105.00 in funds to allow Defendant to continue to operate the business in exchange for a security interest in all assets of Defendant and Defendant’s agreement to repay the borrowed funds. Defendant unconditionally agreed to repay the funds at any time requested by Postel and to diligently prosecute collection of the accounts receivable, turning any proceeds from those receivables over to Postel until such time all monies lent were repaid. The time for repayment of the monies loaned to Defendant has passed and payment has not been made, and Defendant has not diligently pursued the collection of the receivables as promised. Postel has made demand for payment and no payments have been made. as is more fully shown by Plaintiffs' Original Petition on file in this suit. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates thereof, and make due as the law directs. Issued and given under my hand and the Seal of said Court, at office in Conroe Texas, this on this the 14th day of December, 2020. Melisa Miller, District Clerk Montgomery County, Texas By:_/s/ Patricia Morrill_________________________________ Patricia Morrill