U.S. Bank National Association has taken legal action against a Texas-based dental practice and its owner, alleging breach of contract over unpaid financial agreements. The complaint was filed by U.S. Bank National Association in the District Court of Harris County, Texas, on November 21, 2024, targeting Graciela Hernandez DDS, MSD, PLLC, and Graciela Hernandez individually.
The case revolves around three separate equipment finance agreements that were executed between U.S. Bank and the defendants. According to the complaint, the first agreement was signed on September 20, 2021, under which Graciela Hernandez DDS MSD PLLC agreed to make six monthly payments of $99 followed by seventy-two monthly payments of $1,364.93 for financed equipment. However, U.S. Bank claims that the defendants defaulted on these payments and failed to rectify their defaults despite demands from the bank.
In addition to this agreement, two other financial arrangements are cited in the lawsuit: an Equipment Finance Supplement dated December 6, 2021, and a second Equipment Finance Agreement from November 28, 2021. Both agreements reportedly saw similar defaults by the defendants. The bank alleges that these contracts included clauses for acceleration of debt maturity and return of equipment upon default—provisions it has now invoked due to non-payment.
Graciela Hernandez also provided personal guarantees for these debts as an inducement for U.S. Bank to finance the equipment for her practice. The bank argues that her failure to honor these guarantees constitutes further breaches of contract.
U.S. Bank is seeking monetary relief totaling $133,663.16 from Graciela Hernandez DDS MSD PLLC and Graciela Hernandez individually—an amount that includes late charges accrued across all agreements in question. Additionally, they request pre-judgment and post-judgment interest as allowed by law and coverage of court costs and attorney fees incurred during this litigation process.
Representing U.S. Bank in this matter are attorneys Kurt Lyn and John Braser from Lam Lyn & Philip PC based in Houston, Texas. The case is assigned to Judge Alexis Burks under Case ID 2024-82280 at Harris County's District Court.