Dubai-based company sues two Barboursville residents

By Kyla Asbury | Jan 11, 2010

HUNTINGTON -- A Dubai-based company is suing two Cabell County residents after it mistakenly transferred money into their accounts.

ERSM LTD, unintentionally and mistakenly transferred a total of $18,600 into an account owned by Phillip B. Adkins and his wife under the belief that it was transferring the money into another contractor's account, according to a complaint filed Dec. 14 in Cabell Circuit Court.

ERSM claims the two transactions occurred Dec. 17, 2007, and Jan. 24, 2008, and after it recognized the mistake, made multiple attempts to contact Adkins and his wife.

Adkins' wife, known only as Jane Doe, was reached in the early months of 2008 and informed of the mistake, according to the suit. ERSM also issued a formal letter requesting acknowledgement of the letter to make arrangements for the return of the funds.

ERSM claims to date they have not received the funds, nor has Adkins or his wife made any communication with the company.

ERSM is seeking for the returned funds in the amount of $18,600 plus interest. The company is being represented by R. Matthew Vital, Jason A. Leasure and Lora A. Dyer from Vital & Vital.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 09-C-984

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