Kentucky couple claims St. Clair County couple owe unpaid loan

Andrea Dearden Jan. 10, 2011, 2:26am

A Kentucky couple claims a St. Clair County couple owes more than $80,000 on an unpaid loan.

Kevin and Janice Mullin filed a lawsuit Dec. 3 against Michael and Tami Overbay in St. Clair County Circuit Court.

According to the complaint, the Mullins signed a loan agreement with the Overbays in August 1996 that allowed the St. Clair County couple to borrow money when needed. The Mullins say both sides agreed those loans would be repaid with an annual interest rate of 10-percent.

The Mullins say from 1996 through 2007 the Overbays borrowed a total of $142,600. In April 2000, the Overbays allegedly paid $65,000 toward that balance.

Court records show the Overbays filed for Chapter 7 bankruptcy in February 2005, completing the process in June of that year. The Mullins say they were not listed as creditors in the Overbay's filing and have not received any other payment from the defendants since April 2000.

The Mullins say they asked to be paid the remaining loan balance last year, but the Overbays have allegedly refused.

The Mullins are suing for breach of contract and asking for the outstanding balance to be repaid, plus interest. They also ask to be awarded damages and court costs.

Attorney Michael K. Daming, of St. Louis, is representing the Mullins.

St. Clair County Circuit Court Case No. 10L634

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