Mexican restaurant in legal dispute with deceased owner's son
GALVESTON - Complaining Harris County resident Thomas A. Servos defrauded it of $210,000, Servos Mexican Restaurants has filed a lawsuit.
According to court papers filed Sept. 15 in Galveston County District Court, the defendant lied to the plaintiff about a debt totaling millions.
Thomas A. Servos and his brother, Nicholas, are minority shareholders of the corporation, whose majority shareholder owner was the respondent's father, the late A. Louis Servos.
The suit explains that Thomas A. Servos was appointed as independent executor of A. Louis Servos's estate while the decedent's widow was tabbed the sole beneficiary under his last will and testament, which are still pending in Galveston County Probate Court.
The plaintiff alleges Thomas A. Servos represented that he had loaned money to his father for the Original Mexican Cafe.
Nicholas Servos started to pay his brother based upon the latter's representations, the suit says.
It adds the company gave its Hurricane Ike aid funds to go toward the alleged debt, stating the defendant has been collecting payments from 2008 to 2010.
The plaintiff insists Thomas A. Servos never filed a claim for the loan in question in A. Louis Servos' estate and "is now statutorily barred from doing so."
A jury trial is sought.
Michael A. Lamson PC is representing the complainant, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.
Case No. 11-cv-1461