DJ ADAMS SUED BY WELLS FARGO

Someone seems to be going through a bad patch, gambling, drugs, girls, something, anyway, doesn’t look good.

H

2024-1224-4 DISTRICT CLERK
CAUSE NO. Nichelle Maddison
WELLS FARGO BANK, NA, § IN THE DISTRICT COURT
§ Plaintiff, §
§ v. § 170TH yupICIAL DISTRICT
§ DEALAN J ADAMS, §
§ Defendant. § MCLENNAN COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Wells Fargo Bank, NA (hereinafter referred to as “Plaintiff’), and files
this its Original Petition complaining of Dealan J Adams (hereinafter referred to as
“Defendant”), and for cause of action Plaintiff would respectfully show unto the Court the
following:

L

DISCOVERY CONTROL PLAN
PARTIES AND PROCESS

1. Plaintiff requests that discovery be conducted under Level 2 of Rule 190.
2. Plaintiff is a South Dakota national banking association registered to do business
   in the State of Texas.
3. Defendant Dealan J Adams is an individual who may be served with process at
   354 Oak St, China Spring Tx 76633-2522.
4. Plaintiff seeks only monetary relief of $100,000.00 or less, including damages of
   any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees,

PLAINTIEF’S ORIGINAL PETITION PAGE |
273527-24819

i.

JURISDICTION AND VENUE

5. Jurisdiction is proper, because the amount in controversy exceeds the
   jurisdictional minimum of this Court. Venue is proper in McLennan County because Defendant
   resides in McLennan County, Texas.
6. Plaintiff has fully performed all of its duties and obligations under the Account.
   All conditions precedent to the institution of this suit and Plaintiff’s recovery have been.
   performed, satisfied or have occurred.

UL.

BREACH OF CONTRACT

7. Defendant, Dealan J Adams, for value received, made, executed and delivered to
   Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement
   evidencing a Line of Credit (the “Account”). On or about 12/28/2018, Defendant accessed the
   Line of Credit. The Account provided for Defendant to make payments to Plaintiff of all
   principal and interest. The complete terms of the Account are more particularly described
   therein and incorporated herein by reference for all purposes.
8. Defendant failed to abide by the terms of the Account by failing and refusing to
   make payments as required under the terms of the Account after receiving demand from
   Plaintiff. Defendant was duly notified of such default under the Account and payment was
   demanded, but Defendant failed to cure same. All amounts due under the Account have been
   demanded by Plaintiff.
9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of
   the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is
   now due, owing and unpaid from Defendant to Plaintiff the amount of $7,612.94.

273527-24819 PAGE 2

Iv.

SECOND CAUSE OF ACTION ACCOUNT STATED

10. Pleading in the alternative, Plaintiff alleges that it should recover from Defendant
    on an account stated theory of recovery. Plaintiff is entitled to recovery because a series of
    transactions between the parties gave rise to the indebtedness of Defendant to Plaintiff. An
    agreement exists between Plaintiff and Defendant which establishes the amount due. As part of
    the agreement governing the Account, the Defendant made a promise to pay the debt and has
    failed to pay.
11. All just lawful offsets, credits, and payments have been applied. The amount now
    due, owing and unpaid from Defendant to Plaintiff the amount of $7,612.94.

v.
REQUEST

FOR ATTORNEY’S FEES

12. Plaintiff would further show that it has necessarily delivered said Account to the
    undersigned attorneys for collection and employed them to prosecute this case, for which
    Plaintiff has agreed to pay reasonable attorney’s fees, judgment for which Plaintiff prays
    pursuant to Tex. Civ. Prac. & Rem. Code, Section 38.001, ef seg., and the terms of the Account.
    Additionally, Plaintiff requests that all attorney’s fees involved in the appellate process, if same
    becomes necessary.

Vi

CONCLUSION AND PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein as required by law and that upon final hearing thereof, Plaintiff have
judgment of and from the Defendant as follows:

273527-24819 Pace 3

a. for the entire unpaid principal balance of the Account and all other amounts due
and owing pursuant to the terms of the Account;
b. for reasonable attorney’s fees, at all levels of the legal process;
c. for all costs of Court herein; and
d. for such other and further relief, both general and special, at law or in equity, to
which Plaintiff may be justly entitled.

Respectfully submitted,
WADDELL SERAFINO GEARY RECHNER
JENEVEIN, P.C.
1717 Main Street, Suite 2500
Dallas, Texas 75201
214-979-7442 – Telephone
214-979-7402 – Telecopier
By: ~tur MARK RECHNER
State Bar No. 24058064
mrechner@wslawpc.com
THOMAS M. SELLERS
State Bar No. 24070589
tsellers@wslawpc.com
WHITNEY ABBOTT
State Bar No. 24052628
wabbott@wslawpc.com
CARL SMART
State Bar No. 24033815
csmart(@wslawpc.com
ATTORNEYS FOR PLAINTIFF
WELLS FARGO BANK, NA