Pro se defendant a no-show for trial over commission advance

David Yates Jan. 18, 2012, 4:45am

A pro se defendant failed to show for his trial on Tuesday morning in a case alleging he never repaid his employer the thousands of dollars advanced to him.

Starco Impex, doing business as Wholesale Outlet, filed a lawsuit Nov. 3, 2010, in Jefferson County District Court against John Curtis, a Kingwood resident.

The case was slated to go to trial Jan. 17; however, Curtis failed to appear.

A court official told the Southeast Texas Record that, regardless of Curtis' absence, Starco presented its evidence before the court and is expected to submit a judgment for approval.

In its suit, Starco claims it advanced Curtis $20,500 against his sales commission proceeds pursuant to an agreement regarding the distribution of certain products. Under the agreement, Curtis promised to repay Starco in full.

Starco maintains it never received the total amount of money it lent to Curtis, the suit states.

"Plaintiff withheld future commissions from Defendant totaling $6,522.36 leaving an amount due to Plaintiff of $13,977.64," the complaint says.

"As a result of Defendant John Curtis' s breach of contract, Plaintiff has sustained financial harm and has lost the benefits expected to be received from the contract if defendant John Curtis had performed as promised."

Starco seeks an award of actual damages, plus costs.

John Werner of Reaud, Morgan and Quinn in Beaumont represent him.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A188-737

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