Woman won't relinquish vehicle in default, bank asks court to intervene

By Kelly Holleran | Jun 3, 2010

A bank has filed suit against a woman it claims defaulted on her car payments and refuses to relinquish her vehicle.

Wells Fargo Financial Texas claims defendant Toma Tomov signed a contract in which she agreed to purchase a 2005 Honda Civic on May 25, 2005, for $24,399.36.

Under the terms of the contract, Tomov agreed to make 72 monthly installments of $388.88 beginning July 9, 2005, according to the complaint filed May 21 in Jefferson County District Court.

However, in March 2008, Tomov stopped making her monthly payments and still owes $16,937.76 on the vehicle, the suit states.

Tomov has refused to surrender possession of the vehicle, despite Wells Fargo's demands that she do so, the complaint says.

Wells Fargo is seeking a writ of sequestration for the vehicle, an order granting it possession of the vehicle, a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, costs and other relief the court deems just.

Darren Robert Hatch of Reagan and McLain in Dallas will be representing the bank.

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

Jefferson County District Court case number: D186-921.

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