Lien holder files lawsuit to seize equipment

Michelle Massey Jul. 28, 2010, 7:35am

A lien holder is asking the Jefferson County District Court to enforce a lien by seizing equipment and requiring the Beaumont purchaser to pay the past due balance.

CNH Capital America filed a breach of contract lawsuit against Will J. White on July 14 in Jefferson County District Court.

The defendant entered into three retail installment sales contracts with Hlavinka Equipment Co. for a Great Plains Drill, Case IH Combine and Daewoo Skid Steer Loader. The plaintiff financed White's acquisition of the equipment.

CNH Capital America states the defendant has failed to timely make all payments due under the agreements and is therefore in default.

As of May, the defendant owes a $54,064.43 in the total past due balance with interest accruing at $12.54 per day, according to the complaint.

"Plaintiff's agents have attempted to repossess the Equipment, but it cannot be located. Defendant has secreted the Equipment and refuse to disclose its location," the lawsuit states.

The plaintiff is asking the court to order that the equipment be seized.

CNH Capital America is asking for an award of the outstanding amount plus applicable per diem charges or interest, attorneys' fees, foreclosure of the lien on the equipment and costs of suit.

The plaintiff is represented by Daniel P. Callahan and Lisa Tulk of Kessler & Collins in Dallas.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B187-276

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