Bank accuses accuses borrower, guarantors of breaching agreement

By Philip Gonzales | May 1, 2017

PHILIPPI — A banking corporation is suing a borrower and guarantors, alleging breach of promissory note and guaranty agreement.

Freedom Bank Inc. filed a complaint in Barbour Circuit Court against 38 & 92 Express LLC, Michael A. Ervin and Amber J. Ervin, alleging they failed to perform their contractual agreement.

According to the complaint, on March 14, 2013, 38 & 92 Express entered into a commercial loan transaction with Freedom Bank. The suit says the defendant borrowed the principal sum of $238,724.77, and the Ervins guaranteed payments for defendant 38 & 92 Express' indebtedness. 

As of March 1, the sum of $27,655.59 remains due and owing, the lawsuit states. The plaintiff alleges the defendants have failed and refused to satisfy the amounts due under the note and the guaranty.

Freedom Bank seeks trial by jury, judgment of $27,655.59, plus post-judgment interest and court costs. It is represented by attorney John A. Scott of Law Office of John A. Scott in Clarksburg.

Barbour Circuit Court Case number 17-c-15

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