Woman sues bank for breach of peace, trespassing
Kyla Asbury Jun. 27, 2012, 11:43am
HUNTINGTON -- A Cabell County woman is suing Rock Branch Community Bank for breach of peace and trespassing after she claims they changed the locks on her mobile home and damaged the home.
Sheila Martin was also named as a defendant in the suit.
On Sept. 6, 2005, Rock Branch loaned Susan Deweese $41,541.25 for the purchase of a new 2006 Clayton trailer home with monthly payments of $459.16 to Rock Branch beginning Oct. 6, 2005, according to a complaint filed June 12 in Cabell Circuit Court.
Deweese claims in January, her employment with Macy's ended, leaving her without sufficient income to meet her mobile home payments and as a result, she was unable to make monthly payments to Rock Branch.
On March 28, Rock Branch wrote to Deweese seeking payment on the mobile home and stating that Rock Branch would take legal action against her if she did not make payment and that it would seek legal fees for collection of the debt if it pursued a legal claim against Deweese, according to the suit.
Deweese claims after receiving the letter, she called Tyra Moore, the collection manager who signed the letter and attempted to work out an arrangement to make payments on the mobile home.
When Deweese inquired about making payments on the mobile home, she spoke with Martin, who told her it was too late and that she had 30 minutes to get out of the mobile home and that she did not have to even give her 30 minutes to vacate the home, according to the suit.
Deweese claims Martin told her that she would not accept the past due payments even if she could tender them and that someone was on their way to the mobile home to change the locks.
When Deweese returned to her home, she discovered the defendants had broken into her trailer and installed new locks, and in the process, damaged the trailer, according to the suit.
Deweese claims the defendant did not obtain her permission to enter the trailer and caused her property damages.
The defendant's actions were unlawful and were wanton and reckless and done with deliberate disregard of the law, according to the suit.
Deweese is seeking compensatory and punitive damages. She is being represented by Hoyt Glazer and Daniel F. Hedges.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 12-C-379