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Plaintiff (credit union) sues Defendant (individual debtor) for Breach of Credit Agreements

SOUTHEAST TEXAS RECORD

Wednesday, November 27, 2024

Plaintiff (credit union) sues Defendant (individual debtor) for Breach of Credit Agreements

State Court
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Judge Ursula A. Hall | Official Website

Wings Financial Credit Union has taken legal action against an individual, alleging significant financial misconduct involving multiple credit agreements. The complaint was filed by Wings Financial Credit Union in the District Court of Harris County, Texas, on November 14, 2024, naming Victor Diaz as the defendant.

The case revolves around allegations that Victor Diaz breached several financial agreements with Wings Financial Credit Union. According to the petition, Diaz entered into a credit card contract with the plaintiff on May 5, 2023. Under this agreement, he was issued a Visa credit card and agreed to pay for all charges incurred. However, the credit union claims that Diaz accumulated an outstanding balance of $21,111.80 plus interest and has failed to make any payments despite repeated demands. "Defendant has failed and refused, and continues to fail and refuse, to make payment of the just amount owed," states the petition.

In addition to the breach of the credit card contract, Wings Financial alleges that Diaz defaulted on a Line of Credit Agreement executed on February 14, 2023. This agreement allowed Diaz access to a revolving line of credit up to $5,000.00. The complaint asserts that Diaz has not repaid advances made under this agreement, leaving an unpaid principal balance of $5,726.24 as of the filing date.

Further complicating matters is a Vehicle Contract dated May 5, 2023. This closed-end note required monthly installment payments from Diaz for a vehicle loan amounting to $48,123.64. The plaintiff claims that Diaz has defaulted on these payments as well, resulting in an unpaid principal balance of $46,855.95.

Wings Financial is seeking judgment against Victor Diaz for all amounts due under these contracts and claims unjust enrichment if he retains benefits without payment. They are also pursuing pre-judgment and post-judgment interest as provided by law and request compensation for reasonable attorney's fees incurred during this process.

Representing Wings Financial Credit Union are attorneys Aimee E. Marcotte and Cheyenne A. Haddad from Pope Hardwicke Christie Schell Kelly & Taplett LLP based in Fort Worth, Texas. The case is presided over by Judge Joshua Hall in Harris County's District Court under Case ID: 2024-80359.

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