Governor's company named in another lawsuit for not paying debts

By Kyla Asbury | Feb 21, 2019

LOGAN — Another lawsuit has been filed against Gov. Jim Justice's companies, this one alleging the companies owe more than $160,000 to creditors.

Howard R. Crews Jr., Sydney J. Kubesch, T. Stephen Phillips and Colane Corporation filed the lawsuit in Logan Circuit Court.

The plaintiffs and Justice, together with Kentucky Fuel Corporation, were parties in a lawsuit in Logan Circuit Court and pursuant to an agreed judgment order from April 17 in Logan Circuit Court, Justice and Kentucky Fuel owed $162,721.37 with interest.

The plaintiffs had a writ of fieri facias issued on June 8, which was returned on June 14 by the sheriff of Logan County, who indicated that Justice had no personal property of which execution could be made.

"Thereafter, at the request of (the plaintiffs) and in accordance with the law of the State of West Virginia, the Circuit Court of Logan County did cause to be issued a second writ of fieri facias on December 13, 2018, which was received by the Sheriff of Logan County on December 13, 2018," the complaint states.

On Oct. 31, Steven Wayne Ball, the vice president and general counsel for Justice, testified under oath that Justice owned 100 percent of the stocks of Southeast Cotton and 100 percent of the stocks of Wilcox Industries, according to the suit.

The plaintiffs claim they have a lien on all of the "personalty" of Justice, whether the same be tangible or intangible, which includes the stocks.

The plaintiffs are seeking an order be entered directing the sheriff of Logan County, the commissioner in chancery and others to transfer, dispose of and sell the stocks and compel Justice to pay what it owes from the previous judgment. They are represented by Joel P. Jones Jr. of Campbell Woods.

Justice has been named in several lawsuits over the last several years for not paying debts. Cases against Justice Companies have been filed in both federal and state court in Kentucky, West Virginia, Virginia and New York, among others.

Logan Circuit Court Case number: 18-C-257

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