Associated Bank sues Belleville company, others in breach suit

Kelly Holleran Nov. 13, 2008, 4:25am

Associated Bank has filed a complaint against a Belleville company, a Belleville man and an Aviston couple, alleging they failed to pay a promissory note and an unconditional guarantee.

Represented by Teresa Dale Pupillo of Carmody MacDonald in St. Louis, Associated Bank claims Stix Hardwood executed a promissory note on Aug. 1, 2005. Roy Wilson, James Wilson and Melissa Wilson were executed as guarantors in an unconditional guarantee on Aug. 1, 2005.

In the note, a line states that the borrower is in default if he fails to make a payment when it is due, according to the complaint filed Nov. 7 in St. Clair County Circuit Court.

To secure the note, the Wilsons signed a commercial security agreement, which states they are in default if they fail to make a payment when it is due, the suit states.

On July 19, 2005, Stix Hardwood executed an acknowledgment of payment deferral, which deferred payments from July 1, 2007, until December 1, 2007, Associated Bank claims.

The monthly payments of $2,553.19 resumed on Jan. 1, the suit states.

But Stix Hardwood and the Wilsons went into default when neither paid their Sept. 1 and Oct. 1 payments, according to the complaint.

"On or about Oct. 10, 2008, Associated Bank provided Stix Hardwood and the Wilsons with Notice of Default and Acceleration, whereby Associated Bank notified Stix Hardwood of its acceleration of the maturity of the Note and made demand upon Stix Hardwood and the Wilsons for the full payment of the then-outstanding principal balance of $107,386.27 plus accrued interest and all costs of collection on the Note," the suit states.

In the three-count suit, in addition to the money it is due, Associated Bank is also seeking interest, late charges, expenses, costs and other relief the court deems appropriate.

St. Clair County Circuit Court case number: 08-L-570.

More News