John Suayan, Galveston Bureau Sep. 24, 2012, 1:18pm

GALVESTON - Ally Financial Inc. has filed suit against Galveston resident David Martinez in an effort to recover approximately $29,000, recent court documents say.

A lawsuit filed Sept. 19 in Galveston County District Court shows Martinez defaulted on a contract with the plaintiff in connection with the purchase of a pickup truck last year and presently owes $28,994.

Court papers state Martinez bought a 2010 Toyota Tundra from Demontrond Toyota in Texas City on April 26, 2011, and executed a retail installment sales contract as soon as the transaction in question was made.

The plaintiff later bought the contract from the dealership, which is not a party in the case, before maturity.

According to the original petition, the respondent was to pay $30,024 but offsets and credits lowered the figure to the disputed amount which he allegedly failed to remit.

"Although the plaintiff made demand on the defendant for payment, the defendant failed and/or refused to pay the indebtedness owed under the contract," the suit says.

It insists the complainant fully performed all contractual obligations, stating Martinez's breach "cause and continues to cause" injury.

Attorney Kimberly P. Harris with Beasley, Hightower & Hartmann, P.C. in Dallas is representing the plaintiff.

Galveston County 10th District Court Judge David Garner is presiding over the litigation.

Case No. 12-cv-2062

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