Edwardsville towing company accused of breach of contract

Andrea Dearden Sep. 30, 2010, 4:59am

A Texas lender is suing the owners of an Edwardsville towing company for failing to pay the lease on two trucks and a mechanic who supposedly made repairs to the vehicles.

T&C Leasing, also known as Team Funding Solutions, filed a lawsuit against AA Roadrunner Wrecker Services Inc., its owner Terry M. Garner and the lease guarantor Norma J. Garner on Sept. 10 in St. Clair County Circuit Court. Mo Davis of A-1 Mo's Towing Repair and Recovery was also named in the lawsuit.

T&C Leasing says it entered into a lease agreement with AA Roadrunner Wrecker Services and its president, Terry Garner, in January 2009. The lease was for a 2004 Ford F550 tow truck and a 2005 Ford F650 pick-up truck. T&C says both Terry and Norma Garner agreed to the terms of the lease but eventually stopped making payments.

Then, according to the lawsuit, the vehicles were towed and impounded by A-1 Mo's Towing Repair and Recovery in October 2009.

The owner, Mo Davis, allegedly made repairs to the vehicle but was never compensated. Davis says he is holding the vehicles until payment is made. T&C claims Mo's Towing did not, in fact, make all the repairs claimed.

T&C accuses the defendants of breaching the lease agreement and personal guaranties and fraud. The company is asking for return of the two trucks along with the $68,000 owed on the lease, late charges and legal fees.

Joseph P. Kincaid of Chicago is representing T&C Lending.

St. Clair County Circuit Court case No. 10-L-468.

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