Default judgment order entered in cabinetmaker lawsuit

By Kyla Asbury | May 14, 2015

MOOREFIELD – A judge has issued an order in favor of Capon Valley Bank's motion for default judgment against Fertig Cabinet Company Inc.


MOOREFIELD – A judge has issued an order in favor of Capon Valley Bank's motion for default judgment against Fertig Cabinet Company Inc.


Robert Fertig Jr. and Sue F. Williams were also named as defendants in the suit.


The plaintiff's motion for default judgment was filed Feb. 18 and the judge's order was filed Feb. 19.


In the motion, Capon moved the court to enter a judgment in favor of the bank and against the defendants in the amount of $55,891.27, as of Jan. 29, together with costs of $275, for a total of $56,166.27.


Capon filed the lawsuit Oct. 22 in Hardy Circuit Court, stating that Fertig delivered a promissory note to the bank in the amount of $57,241 on June 3, 2013.


The bank claims the defendants were in default and had failed to cure the default, owing $55,054 plus interest.


The bank was seeking the amount owed plus interest and attorney fees. It was represented by James P. Geary II.


The case was assigned to Circuit Judge H. Charles Carl III.


Hardy Circuit Court case number: 14-C-77

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