West Virginia Record

Wednesday, October 23, 2019

Man hasn't paid back loan from now-deceased woman, suit claims

By Chris Dickerson | Jan 18, 2006

CHARLESTON – A woman says a man who borrowed money from her now-deceased mother has failed to pay all of the loan back.

In a lawsuit filed in Kanawha Circuit Court, Karen Poindexter, as executrix of the estate of Marie Adams, claims James E. McCormick still owes more than $5,000 of a loan he took out in 2004.

Poindexter, who filed the lawsuit herself, claims McCormick said he needed the money to pay off an attorney's bill.

Adams, who apparently was a resident of W.D. Casdorph's Home where McCormick worked, was in poor health when the loan agreement was reached. As Adams' power of attorney, Poindexter said she told McCormick they'd work on a payment plan if Adams died soon after the loan was made.

The suit says McCormick agreed to a monthly rate of $3,000 for Adams' care. As an incentive, it was agreed that Adams would get 1½ months of care free during the one year period of the loan. Thus, the $36,000 for one year of care would be $31,500. With two additional credits, Poindexter said that balance was reduced to $27,327.60. She says she wrote a check to McCormick for that amount on June 11, 2004.

Adams died Nov. 29, 2004, the suit says. When making funeral arrangements with Dan Casdorph, Poindexter says she and her siblings decided to give him and McCormick a $2,000 credit toward the balance of the outstanding loan between Adams and McCormick in appreciation of the care given to Adams before her death. The family also requested that in lieu of flowers, funeral attendees make donations to W.D. Casdorph's Home.

At the time of Adams' death, the remaining balance on the loan was $18,375, according to the suit. After the $2,000 credit, that total was $16,375. Poindexter claims that she and McCormick signed off on a new payment agreement on Jan. 5, 2005, in which McCormick was to pay $3,000 a month in two installments.

Poindexter says she received those payments until April 15. On May 1, McCormick told Poindexter he was fighting bankruptcy and had no money to pay. He also wanted to begin paying just $500 a month, but Poindexter says her family refused to approve that change.

In the suit, Poindexter says she received no payments in May, but received $500 on June 1. The next $500 check came on July 7.

On Aug. 9, Poindexter sent McCormick a certified letter saying she was charging 2 percent interest on the third of each month and that if the balance wasn't paid by Nov. 29, 2005 (the one-year anniversary of Adams' death), legal action would be taken.

She says she received a $1,000 payment on Oct. 29.

Then, in December, Poindexter says she heard McCormick and Casdorph were selling the home and moving to Florida to open a bed and breakfast.

Poindexter says she was told by county officials that she couldn't get a lien on McCormick's house without filing a suit against him.

She goes on to show a sympathetic side.

"I did not want to have Mr. McCormick served with court papers just before Christmas so I waited until the week after Christmas to file the legal action," she writes in the suit.

Poindexter says the outstanding debt on the loan is $5,375. With interest, the total is $5,745.20.

She seeks to have McCormick pay the outstanding debt with interest plus court costs. Additionally, she asks that he be ordered to pay this debt by whatever means/assets he has available. And if he can't, she requests a lien be placed on his property/assets so he cannot sell anything and receive money until after the debt has been cleared

The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court case number: 05-C-2882

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