Poca Valley Bank alleges debtor, guarantors owe $31,000

By Philip Gonzales | Dec 1, 2016

WINFIELD — A banking corporation is suing a debtor and guarantor, alleging breach of loan and guaranty agreements in owing more than $31,000.

Poca Valley Bank Inc. filed a lawsuit Nov. 9 in Putnam Circuit Court against E&S Services, doing business as Eddie's Tire & Service, Eddie L. Smith and Diana J. Smith, alleging they have defaulted under the note and guaranties by failing to make timely payments.

According to the complaint, on Sept. 6, 2011, Poca Valley Bank plaintiff provided a line of credit to Eddie's Tire and Service up to $30,000 with commercial guaranties from Eddie and Diana Smith. On Sept. 5, 2012, the suit says, the note matured and became immediately due and payable. 

The plaintiff alleges the defendants have failed to respond to the plaintiff's demand for payment and none of the defendants have made payments under the note and/or guaranties.

Poca Valley Bank seeks trial by jury, judgment of $31,031.06, with interest, court costs and expenses, attorney fees and post-judgment interest. It is represented by attorneys Julia A Chincheck, Daniel J. Cohn and J. Berkley Bentley of Bowles Rice LLP in Charleston, West Virginia.

Putnam Circuit Court case number 16-c-277

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