Community Bank sues to recover $60k debt

Kelly Holleran May 30, 2011, 10:37am

A Texas bank seeks a recovery of the more than $60,000 it says it loaned to a Port Neches corporation.

Community Bank of Texas filed a lawsuit May 23 in Jefferson County District Court against CMH Enterprises and Carl Holzapfel.

Community Bank claims it lent CMH Enterprises $64,362.05 after Holzapfel guaranteed repayment of the loan.

"Without the personal guaranty, Plaintiff would not have agreed to loan Defendant, CMH Enterprises, said funds," the suit states.

According to the complaint, both CMH Enterprises and Holzapfel have failed to make the required monthly payments on the loan.

"The principal balance due Plaintiff on loan number xxx1545 is $64,362.05 with a daily per diem of $10.72, after all just and lawful offsets, payments and credits have been allowed," the complaint says.

In its complaint, Community Bank alleges breach of contract against the defendants.

In addition to the money it says the defendants owe it, Community Bank seeks pre- and post-judgment interest at the highest legal rate, attorney's fees, costs and other relief the court deems just.

John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont will be representing it.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D190-083

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