November 9, 2013

Ally Financial non-suits defendant in case over delinquent car note

Ally Financial has non-suited Beaumont local Jerry Colbert. The lender sued the man seeking to collect more than $15,000 from a delinquent car note. past due

As previously reported, the suit was filed Jan. 3 in Jefferson County District Court.

Court records show that on Feb. 14 Ally filed a motion to non-suit Colbert.

That same day, Judge Milton Shuffield, 136th District Court, granted the motion, dismissing Colbert without prejudice.

According to the suit, on Nov. 18, 2011, Colbert purchased a vehicle from Sour Lake Motor Co. and executed a retail installment sales contract for $16,606.24.

“Defendant failed to perform the obligations under the contract and is now wholly in default,” the suit states. “Although plaintiff made demand on defendant for payment, defendant failed and/or refused to pay the indebtedness owed under the contract.”

As of Dec. 27, a balance of $15,941.97 remained due, the suit stated.

Ally Financial accused the defendant of breaching his contract.

It was suing for actual damages, court costs and attorney’s fees.

Dallas attorney Kimberly Harris of Beasley Hightower & Hartmann PC represents the plaintiff.

Case No. D193-785