Bank submits motion to transfer venue into former client's lawsuit

By John Suayan, Galveston Bureau | Dec 19, 2012

GALVESTON - A bank accused of wrongfully withholding a former client's money wants a local state district judge to send the case somewhere else, recent court records show. 

Comerica Inc. submitted a motion to transfer venue in Matthew D. Wiggins's lawsuit against it Nov. 30, requesting that Galveston County 212th District Court Judge Susan Criss move the litigation to a court in either Harris or Dallas County.

In court papers filed Oct. 31, Wiggins shows he severed his relationship with Comerica after it reportedly committed acts which violated an agreement between the two parties, but the financial institution has failed to release any excess funds.

The plaintiff asserts Comerica charged him “exorbitant, wrongful fees often without adequate notice or explanation and added the fees to the principal amounts on certain of the loans” shortly after the 2011 merger between Sterling Bank and the respondent.

Even after he paid off a majority of his debts with Comerica with Patriot Bank purchasing the remaining loan, according to the original petition, the defendant pressed an "unforeseen and unjustified" demand upon him and denied access to his money.

Comerica refutes Wiggins's allegations in an original answer included in the motion.

Attorney Douglas C. Heuvel with Strong, Slater & Johnson LLP in Dallas is representing the respondent.

Case No. 12-CV-2531

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