Moses sues woman for failure to pay for vehicle
Kyla Asbury Aug. 7, 2012, 6:12am
HUNTINGTON -- Moses, Inc. is suing a woman it claims failed to pay for her vehicle, despite repeated attempts to receive payment.
Moses, Inc. is doing business as Moses Auto Mall of Huntington
In Marc 2011, June Johnson entered into a contract with Moses for the purchase of a motor vehicle and issued a check payable to Moses in the amount of $14,200, according to a complaint filed July 23 in Cabell Circuit Court.
Moses claims after the commencement of the sales transactions and pursuant to its common practice, Moses ran the check through its electronic scanner in order to have the payment for the vehicle electronically deposited into its financial account.
Once the check was electronically scanned, Moses shredded the check pursuant to its information security policies, according to the suit.
Moses claims some time after, it realized that an error had occurred in the electronic scanning process and that the proceeds from the check were never received by its financial institution.
Upon discovery of the electronic error, Moses contacted Johnson and informed her that her payment had not been properly received and that she still owed Moses payment for the vehicle, according to the suit.
Moses claims it also informed Johnson that the check had been shredded for security purposes and that Moses could not utilize the check to receive payment for the vehicle.
To date, Moses has not received payment from Johnson for the purchase price of the vehicle in the amount of $14,200, according to the suit.
Moses claims it has attempted to contact Johnson on multiple occasions, but the defendant has not paid for the vehicle.
By keeping the vehicle, Johnson has breached her contract with Moses and has been unjustly enriched at the expense of Moses, according to the suit.
Moses is seeking judgment in an amount which the court deems fair and reasonable with pre- and post-judgment interest. It is being represented by Johnnie E. Brown and Geoffrey A. Cullop.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 12-C-469