Lawsuit loan not paid in full, suit claims

Andrea Dearden Jun. 7, 2012, 2:51am

A Moultrie County man is accused of not repaying an $80,000 loan in a lawsuit filed by the lender.

Carl Stiltz filed a complaint May 25 against Mark Anders in Madison County Circuit Court.

Stiltz says Anders was the plaintiff in a personal injury case that began in August 2005 and continued until March 2011. During the litigation, Anders allegedly asked Stiltz for a loan with a promise to repay the money when the lawsuit was settled. Stitlz agreed to pay Anders $2,500 a month from August 2005 through August 2007. Stiltz claims he actually paid Anders $3,500 per month from October 2005 until August 2007, making the total loan worth $80,000 plus interest.

According to the complaint, Anders settled his injury case in February 2011 and paid Stiltz $46,000 toward the outstanding loan. Stiltz alleges Anders made no other payments and still owes him more than $41,000. Stiltz says the defendant has refused to pay the balance.

Stiltz accuses Anders of breach of contract, unjust enrichment and fraud. He asks to be awarded the more than $41,000 he is owed plus interest and court costs.

Attorney D. Jeffrey Ezra of Collinsville represents Stiltz.

Madison County Circuit Court Case No. 12-L-740

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