Pennsylvania Record

Saturday, January 25, 2020

Litigation alleges N.C. car business owes Utah bank more than $16K

By Nicholas Malfitano | May 31, 2018

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PHILADELPHIA – In a new state court lawsuit, a Utah commercial bank alleges a North Carolina car repair business owes outstanding funds to it in excess of $16,000, made up of equipment finance payments and other expenses.

Marlin Business Bank of Salt Lake City, Utah filed suit on May 24 in the Philadelphia County Court of Common Pleas versus Daughtry’s Northwoods Auto Care, Inc., of Jacksonville, N.C.

MBB is a direct lender which provides financing to businesses, in order for them to purchase new equipment and technology. On or about July 19, 2017, Boyer executed and delivered to MBB an equipment lease contract, which provided for the finance of certain equipment and for payments to be made by Daughtry’s.

The lawsuit alleges Daughtry’s breached the guaranty by failing to make the lease’s 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, Daughtry’s has failed and refused to pay the lease payments due in accordance with the terms of the lease to MBB,” the suit states.

MBB says the defendants are liable to it for the following expenses:

a.) Past Due Payments – $1,320.96

b.) Accelerated Balance (discounted to PV) – $14,650.60

c.) Residual – $1

d.) Late Charges – $247.70

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Total – $16,220.26

Per the terms of the equipment finance agreement, 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 $16,720.26, 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 180502717

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia County Court of Common Pleas