Ohio Co. man says company withholding payments to his business

WHEELING -- An Ohio County man and business are suing a global merchant services provider, claiming contract interference.

John James Inc., doing business as Budget Interiors, and Randall J. Dlesk filed a lawsuit March 28 in Ohio Circuit Court against Pivotal Payments Direct Corporation, Pivotal Payments Inc. and Merrick Bank Corporation, claiming contract interference, negligent hiring and supervising, conversion, infliction of emotional distress and retaliatory conduct.

The plaintiffs allege in the suit they entered into an agreement with defendant Pivotal Payments Direct Corporation, their customers would make payments to the plaintiff through the defendant's corporation.

According to the brief, the plaintiffs entered into a variety of contracts with individual consumers for the purchase and installation of flooring materials, these consumers paid with their credit cards through the defendant's corporation.

The suit alleges the defendants are withholding the money from the consumers for the purpose of disrupting the plaintiff's contracts.

The plaintiffs are seeking damages in excess of jurisdictional minimum and court costs.

They are being represented in the case by Wheeling attorney Bradley K. Shafer of Swartz Campbell. The case has been assigned to District Judge James P. Mazzone.

Ohio Circuit Court case number 14-C-69