Breach suit filed on unpaid balance

Kelly Holleran Oct. 26, 2008, 7:15am

UM Capital has filed a breach of contract complaint against a St. Clair County couple, claiming they have failed to make payments on a promissory note.

Represented by Michael J. Kalkowski of Fisher and Shapiro in Northbrook, UM claims Darrick and Yolanda Johnson executed a note for $64,800 on Oct. 28, 2005, but have have failed to make the monthly payments they agreed to in their agreement.

The Johnsons have not made a payment since September 2007 and interest accrues at 8.625 percent, the suit states.

"As of September 26, 2008, the amount due UM Capital LLC from either person, or both person per the Note, after giving credit for all prior payments and set-offs (if any), is $79,070.12," the complaint filed Oct. 14 in St. Clair County Circuit Court states.

In addition to the amount owed, UM is seeking interest, attorney's fees, costs and other relief the court deems appropriate.

St. Clair County Circuit Court case number: 08-L-510.

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