Assignee says collateral holders in breach of agreement

By Philip Gonzales | Aug 17, 2016

LOGAN — An assignee is suing Britany N. Soler, Jessie C. Elliot and Premium Towing Inc., collateral holders, citing alleged breach of agreement.

Harley-Davidson Credit Corp. filed a complaint on July 18 in Logan Circuit Court against the defendants, alleging that they violated West Virginia law.

According to the complaint, the plaintiff alleges that it was irreparably harmed by the defendants' wrongful retention of a vehicle and its continued depreciation. The plaintiff holds the defendants responsible because Soler allegedly has defaulted under a security agreement, refused to surrender the vehicle and failed to provide a timely notice that the vehicle was being retained.

The plaintiff requests a trial by jury and seeks judgment that its lien has the priority over any lien claimed by defendants, immediate possession of the vehicle from defendants, monetary damages for detention of the property, court costs and all other relief to which it may be entitled. It is represented by Thomas L. Canary of Fenton & McGarvey Law Firm PSC in Louisville, Kentucky.

Logan Circuit Court Case number 16-C-158

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