According to court documents obtained by Radar, Michael Greene and his business Greene & Co. International has informed the court they served Herbert with the legal docs on December 10 at his LA apartment.
The service is the first step needed for Greene to move his case against Herbert along.
As we first reported, in court, the jeweler accuses Braxton's ex of fraud and deceit, along with breach of contract.
Greene & Co. claim the one-time powerful music exec reached out to them in December 2018. He asked the company to create a total of 7 different custom pieces for him. The parties finalized the terms of the deal in May 2019.
During the process, Greene says Herbert repeatedly boasted about his alleged net worth and his ability to “pay for the jewelry, his career, and his involvement in the music industry.
Greene says he believes Herbert knowingly made false representations about his financial state in an effort to induce the company to extend him a line of credit. The jeweler says they did just that and allowed Herbert to write a check for partial payment with the promise he would pay the rest in the near future.
The company says they relied on his promise and allowed him to leave the store with the pieces.
Herbert allegedly wrote a $20k check that ended up bouncing when they went to the bank.
“Immediately, via text messages with the Defendant, Plaintiffs informed the Defendant that the check was returned for insufficient funds and inquired when the $20,000.00 and the remaining balance of the invoice would be paid in full," Greene said.
The suit is seeking the remaining balance plus interest totaling $66,320.12.
Herbert is no stranger to legal issues and has been in and out of court over debts for years. He's been sued for eviction, faced a multi-million lawsuit from Sony Music and had his luxury cars repossessed.
Braxton filed for divorce from Herbert in October 2017 following 9 years of marriage. He never bothered to respond to the case in court and Braxton ended up being granted a default judgment.