Beaumont man claims conspiracy behind non-payment of judgment

Kelly Holleran Sep. 7, 2010, 7:19am

A Beaumont man has filed suit against the companies that he claims conspired to keep him from getting paid more than $100,000 he was awarded in a judgment.

Kelly B. O'Brien claims he was awarded a judgment for $130,600 on March 31, 2005, in Jefferson County District Court. The case was against defendant Health and Safety Management.

Five years following the judgment, however, O'Brien has yet to receive any money from Health and Safety, according to his complaint filed Aug. 27 in Jefferson County District Court.

In the event that O'Brien did not receive any money, he filed a lien against Health and Safety's property, the suit states. However, Health and Safety prevented O'Brien from obtaining the property when they conveyed it to defendant Three Point Investments on Jan. 7, 2005, the complaint says.

"In addition, Plaintiff asserts that judgment debtor, Health and Safety Management, transferred its assets, fixtures and equipment to Transferee, James H. Griffin, in an effort to avoid and defraud judgment creditors," the suit states.

Health and Safety Management intentionally made the transfers of its property to delay payment to O'Brien, he claims.

In his complaint, O'Brien is seeking a judgment of $252,591.83 and a judgment that the transfer of properties is void. In addition, he wants the court to enter a decree setting aside the deed conveying the property.

O'Brien is also seeking pre- and post-judgment interest, punitive damages of at least $10,000, attorney's fees of at least $11,000, costs and other relief to which he may be entitled.

He will be represented by Christopher McCormick of Lumberton.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E187-814.

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