Comerica asserts defendant in promissory note case 'evading service', judge grants order to substitute

By John Suayan | Sep 18, 2018

HOUSTON – Recent state district court records indicate that one of the three defendants in a breach of contract lawsuit brought by Dallas-based Comerica Bank has yet to be served.

Marek E. Menger is alleged to be “evading service” while his co-defendants, ex-wife Sherry L. Menger and Petro-Valve, Inc., have formally countered Comerica’s allegations from two months ago.

In the suit filed on July 11 in the Harris County 157th District Court, the financial institution accuses the Mengers and Petro-Valve of defaulting on a nearly 20-year-old promissory note.

According to the original petition, the respondents owe an “outstanding and unpaid” principal balance due under the subject note of $95,475.61 in addition to accrued interest of $2,280.12 and attorneys’ fees and cost of collection.

Interest purportedly continues to grow at the default rate of 8.9 percent per annum.

“After being given proper notice and opportunity to cure, the defendants failed to cure the default,” court records show.

Sherry L. Menger and Petro-Valve issued a general denial two days after the litigation was initiated. Asserting her ex-husband failed to adhere to a mediation settlement agreement that was incorporated into their divorce decree, Sherry L. Menger brought a cross-claim.

“Marek has repeatedly breached his obligations under the MSA and the Decree and thereby liable for his breaches,” the cross-action says. “Marek’s breaches have caused damages to Sherry.”

There were seven separate attempts to serve Marek E. Menger, Comerica’s motion to substitute service states.

The motion was granted on Aug. 30.

The Mengers are involved in another legal battle, this one arising from claims an ASAP Freight Systems driver was underpaid.

As previously reported in The Southeast Texas Record, the former couple committed a breach of contract against Robert Patrick McGuire by not sufficiently paying him for transporting materials with the use of his truck as an independent contractor.

Harris County 157th District Court Case No. 2018-46222

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