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Plaintiff alleges Defendant breached contract over unpaid motorcycle loan

SOUTHEAST TEXAS RECORD

Wednesday, December 4, 2024

Plaintiff alleges Defendant breached contract over unpaid motorcycle loan

State Court
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District Courts of Harris County | Official website

Harley Davidson Credit Corp. has taken legal action against an individual in Texas, filing a lawsuit for breach of contract and seeking the return of a motorcycle. The complaint was filed by Harley Davidson Credit Corp., as assignee of Eaglemark Savings Bank, in the District Court of Harris County, Texas on November 21, 2024, against Joshua Andrew Terrell.

The case revolves around a Retail Installment Contract executed by Joshua Andrew Terrell on April 8, 2022, for the purchase of a 2022 Harley-Davidson FLHXS Street Glide Special. According to the complaint, Terrell has defaulted on his financial obligations under this contract. Harley Davidson Credit Corp., which holds a security interest in the motorcycle (referred to as "Collateral"), claims that Terrell has failed to make payments as required by the terms of the contract. As per the filing, "Defendant has failed and refused to pay the amounts due and owing to Plaintiff despite demands by Plaintiff for such payment."

The plaintiff is seeking several forms of relief from the court. They are requesting a writ of sequestration to reclaim possession of the motorcycle and demand payment for all past due amounts totaling $37,964.92 as of July 31, 2024. Additionally, they seek at least $1,000 in attorney's fees due to Terrell's default necessitating legal action. The complaint also highlights concerns about the collateral being uninsured and rapidly depreciating in value while in Terrell's possession.

In their prayer for relief, Harley Davidson Credit Corp. requests that Terrell be cited to appear and answer the petition; that they be awarded monetary damages including costs and post-judgment interest; and that they be granted any further relief deemed just by the court.

The case is being handled by attorney Grant M. Tabor from Houston-based law firm representing Harley Davidson Credit Corp., with Marilyn Burgess serving as District Clerk for Harris County where Judge Wanda Chambers presides over this matter under Case ID 2024-82037.

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