John Suayan, Galveston Bureau Nov. 28, 2011, 9:50am
GALVESTON - Hertz Equipment Rental Corp. claims Reliable Turnaround Services LLC and local businessman Larry R. Nelson owe it more than $25,000, recent court documents say.
According to a lawsuit filed Nov. 18 in Galveston County District Court, RTS and Nelson owe the plaintiff $26,393.53 in past due equipment rental fees.
"HERC rented equipment to defendant RTS pursuant to certain written agreements and in reliance on the personal guaranty of defendant Nelson's personal guaranty of any amounts due to HERC arising out of defendant RTS's rental of equipment," the original petition says.
According to the complaint, Dec. 31, 2007, Nelson contracted with Hertz for the extension of credit whereby he agreed to act as guarantor on behalf of RTS for indebtedness incurred by RTC to HERC for the rental of equipment.
It adds "Nelson promised to pay all amounts now or which may hereinafter become owing by RTS to HERC on demand by HERC" in compliance with the guaranty.
HERC insists it performed all its duties under the contractual agreements between the parties while "the defendants did not," stating the respondents used the equipment in question for their business operations and were invoiced.
"The defendants jointly and severally owe HERC past due and unpaid invoice balances arising from defendant RTS's rental of equipment from HERC," the suit says.
The plaintiff insists the defendants defaulted on the debt and have ignored its oral and written demands for remittance.
Leger Adkins is representing HERC, and Galveston County 10th District Court Judge David Garner is presiding over the case.
Case No. 11-cv-1843