First Collinsville Bank is seeking to dismiss a Florida man’s lawsuit against the bank involving claims that it improperly took his money.
Jermaine Johnson claims two Illinois banks illegally obtained more than $3,000 from his bank account to satisfy a portion of the more than $80,000 he owed them.
Johnson filed a lawsuit June 18 in St. Clair County Circuit Court against First Collinsville Bank and Wells Fargo Bank.
First Collinsville Bank filed a motion to dismiss July 12.
It states that a plaintiff can only plead and be awarded attorneys’ fees if attorneys’ fees are allowable pursuant to statute or contract. The plaintiff has not pleaded any statute allowing attorneys’ fees if attorneys’ fees are allowable pursuant to statue or contract, the motion states.
In his complaint, Johnson alleges he owed First Collinsville Bank more than $80,000 as part of a mortgage foreclosure case in St. Clair County Circuit Court.
To partially satisfy payment of the debt, First Collinsville issued a garnishment summons, which would have required any money held by Johnson to be applied toward the $80,000 settlement in the mortgage foreclosure, according to the complaint.
First Collinsville Bank had the summons served on Wells Fargo Bank in Florida, May 24. In turn, a Wells Fargo process server withdrew $3,590.39 from Johnson’s two accounts, the suit states.
Johnson claims the move was illegal, because First Collinsville issued the summons across state lines.
Shortly after First Collinsville’s garnishment, Johnson visited Wells Fargo to withdraw the money from his accounts, but was not allowed to do so, the complaint says.
David M. Duree of David M. Duree and Associates in O’Fallon represents the plaintiff.
Kevin J. Stine of Mathis, Marifian & Richter in Belleville represents the defense.
The case is assigned to St. Clair County Circuit Judge Vincent Lopinot.
St. Clair County Circuit Court case number: 13-L-295.
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