Arbitration Award- $980,693.16
January 12, 2022 Greg Sawko

Arbitration Award- $980,693.16

Posted in Posts & Articles

In April 2021, Gregory J. Sawko won a $980,693.13  judgment in the matter of Steven Magers and Truxx Outfitters, LLC (Plaintiffs) vs. Uberwurx, LLC (Defendant) in  Cause No. 2019-60879 in the 11th District Court of Harris County, Texas

Gregory J. Sawko, representing the Plaintiffs, was hired to enforce the terms of an Asset Purchase Agreement and filed suit against Uberwurx, LLC in Harris County, Texas. Following service of the lawsuit on the Defendant, the parties agreed to remove the case  to Arbitration pursuant to a arbitration clause in the Asset Purchase Agreement.

In the asset purchase, Uberwurx, LLC agreed to purchase all the assets of Truxx Outfitter, LLC. Truxx Outfitters operated two retail truck accessory stores located in Denton and Lewisville, Texas. The assets were being purchased for $2 million dollars. Uberwurx, LLC paid part of the purchase price but defaulted in making two  payments of $400,000.00 each. In the lawsuit, Uberwurx, LLC counter-claimed asserting fraud as a defense and claimed $2 million dollars in damages.

Following a three (3) day arbitration hearing, the arbitrator, Hon. Mary Murphy, awarded Plaintiffs $980,693.16 in actual damages against Uberwurx, LLC. While Defendant Uberwurx, LLC’s asserted claims against Plaintiffs those claims were all dismissed by the arbitrator. The Arbitrator’s award was confirmed on June 21, 2021 by the Harris County District Court. Since confirmation, Uberwurx, LLC has failed and refused to pay any amount of the  Judgment. On January 13, 2022, a Harris County District Court granted a Motion to appoint a turnover receiver to enforce the judgment.

As part of the collection effort, we sought filed a garnishment action against Allegiance Bank and Bank of  America to freeze Uberwurx accounts. The action trapped funds of Uberwurx for payment towards the judgment. However, during the process, Uberwurx filed for Federal Bankruptcy Court Protect and this matter is currently in bankruptcy.

On another note, Uberwurx primary unit holder, Juan Carlos Martinez, was indicted by a Federal Grand Jury. I will link a copy of that indictment shortly.

Award: $980,693.16 plus post-judgment interest.