Bank wins $13K judgment in suit over Harley

David Yates Sep. 28, 2010, 6:42am

Five months after filing suit, Compass Bank had its motion for summary judgment granted on Monday, winning an award of nearly $13,000 for a Harley Davidson it financed.

Compass filed suit April 5 in Jefferson County District Court against Willie Boughner, claiming the Newton County resident defaulted on payments he owed for the Harley Davidson motorcycle.

A few weeks ago, Compass submitted a motion for summary judgment, arguing that "there is no issue as to any material fact" and is entitled to the cost of the loan, interest and attorney's fees.

On Monday, Sept. 27, Judge Milton Shuffield, 136th District Court, granted the bank's motion, awarding the company $10,340.24 for the loan amount, $579.49 in interest and $2,000 in attorney's fees.

Court papers show Compass executed a retail installment contract and security agreement with Boughner. To secure the debt, Boughner granted Compass Bank a security interest in a 2007 Harley Davidson XL 1200C.

After defaulting on the note, Boughner refused to turn over the motorcycle, court papers say.

Jesse Hays, who co-signed on the bike, was also a defendant in the suit. However, Compass requested his dismissal without prejudice.

Attorney Shawn K. Brady of Messer, Campbell and Brady in Frisco represented the bank.

Boughner represented himself.

Case No. D186-445

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