WINFIELD, W.V.—A Meigs County, Ohio woman is going to court against a Kanawha County auto dealership for money she claims she is owed.
Nancy C. Cale filed a lawsuit on Jan. 11 in Putnam Circuit Court against Cox Inc. — formerly known as Cox Pontiac-Buick — and Nitro 275 Co. Inc. over claims that Cox fraudulently incorporated its business into Nitro 275 to avoid paying the plaintiff.
Cale asserts that she went to court against Cox and other defendants in September 2008 in Kanawha Circuit Court. She claims that after trial and filling of post-trial motions, Judge Charles E. King Jr. entered an order of judgment against the defendant to pay her $15,000 in punitive damages and an additional $122,553 in attorney fees. The order was entered on Jan. 15, 2015. Cox claimed, however, that it was insolvent, had no assets and had significant liabilities, leaving the business with no funds. Cale claims that on May 15, 2009, Cox conveyed its business to Nitro 275 Co Inc. in the consideration of the declared sum of $188,000. She alleges that the transfer and “dissolving” of Cox into Nitro 275 was done during the pending lawsuit as a means to hinder, delay and defraud her as a creditor of the company.
Cale is suing for the court to levy execution on the real property asset transferred or its proceeds, or avoidance of the aforesaid real property transfer or to the extent necessary to satisfy the plaintiff’s claim or an attachment or other provisional remedy; an injunction against further disposition by Cox; appointment of a receiver to take charge of the real property asset transferred or of other property to the transferee; and any other relief deemed proper. She is represented by Matthew L. Clark of Kayser, Layne & Clark PLLC in Point Pleasant.
Putnam Circuit Court Case number 16-C-3