PHILADELPHIA – A Utah-based commercial bank alleges a New Jersey car service firm owes unpaid funds to it in excess of $30,000, in equipment lease payments and other accrued expenses.
On Nov. 21, Marlin Business Bank of Salt Lake City, Utah filed suit in the Philadelphia County Court of Common Pleas versus CFLG, LLC (doing business as “Curb Side Car Service”), of Hackensack, N.J.
MBB is a direct lender which provides financing to businesses, in order for them to purchase new equipment and technology. On or about Nov. 11, 2016, Curb Side Car Service executed and delivered to MBB an equipment lease contract, which provided for the lease for and payments to be made by Curb Side Car Service.
The lawsuit claims Curb Side breached the guaranty by failing to make the loan and other payments leading to default, which caused MBB to accelerate the remaining payments and to demand immediate presentation thereof. According to the agreement’s forum selection clause, the laws of the Commonwealth of Pennsylvania govern the agreement.
“Despite repeated demands for payment, Curb Side Car Service has failed and refused to pay the loan payments due in accordance with the terms of the agreement to MBB,” the suit says.
MBB says the defendants are liable to it for the following expenses:
a.) Past Due Payments – $8,800
b.) Accelerated Balance (discounted to PV) – $19,169.97
c.) Late Charges – $792
d.) Return Check Fees – $45
e.) Unpaid Insurance Fees – $115.95
f.) Documentation Fees – $159
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Total – $29,081.92
Per the terms of the lease, MBB is entitled to expenses of enforcement, which so far is $500 and currently accruing as the action proceeds.
For counts of breach of contract, promissory estoppel/detrimental reliance, unjust enrichment and quantum meruit, the plaintiff is seeking damages in the amount of $29,581.92, plus additional fees, cost of suit, interest and such other and further relief as the Court deems just and proper in this matter.
The plaintiff is represented by Edward R. Dietz Jr. of Marlin Business Bank, in Mount Laurel, N.J.
Philadelphia County Court of Common Pleas case 171102202
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com