West Virginia Record

Monday, February 17, 2020

Financing company alleges debtor, guarantor owe more than $100,000

By Philip Gonzales | Jan 11, 2017

Law money 10

KEYSER — A financing company is suing a Mineral County debtor and guarantor, alleging they owe more than $100,000 for breach of agreement and the addendum to the agreement.

Direct Capital Corporation filed a complaint Dec. 16 in Mineral Circuit Court against 3-D Inc., doing business as 3-D Salvage, and Thomas B. Dale, alleging they failed to perform their contractual obligations.

According to the complaint, Direct Capital financed the purchase of the defendants' equipment and was granted security interest in addition to other collateral. As a result of defendants' breach, the suit says, the plaintiff suffered financial damages for not receiving full payment for the financed equipment in the amount of $103,325.31. 

The plaintiff alleges the defendants wrongfully maintained possession of the equipment and refused to make monthly payments as agreed upon.

Direct Capital seeks trial by jury, an order plaintiff be granted possession of the equipment and to sell it, judgment against Dale for $103,325.31, costs associated with the repossession process, attorney fees and all other appropriate relief. It is represented by attorney Ryan S. Masteller of Bailess, Craig & Yon PLLC in Huntington.

Mineral Circuit Court Case number 16-c-99

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Mineral Circuit Court