An Alton Baptist church is suing an equipment leasing company for allegedly supplying it with a used security system instead of a new one as promised.
Greater St. James Baptist Church filed a lawsuit Nov. 13 in Madison County Circuit Court against Marlin Leasing Corporation and Nestor Tigreros.
According to the complaint, Roosevelt Wilson, on behalf of St. James Baptist Church, agreed to lease new security equipment from Kevin Welch, an agent of National City Commercial Capital Company LLC, in June 2009. Wilson claims the church paid National City $784 in leasing and origination charges for the equipment.
Shortly after the lease began, National City allegedly sold the service contract to Marlin Leasing. Wilson says he, on behalf of the church, paid monthly payments of $244 to Marlin Leasing from September 2009 through January 2011. At some point during the time of the contract, the church contends, the equipment stopped working.
The church says it was discovered that the security system it had been paying for was not a new one, but a used one. In August 2012, according to the petition, Welch was named in a lawsuit and pleaded guilty to deceptive business practices for representing used equipment as new. Wilson says he advised Marlin Leasing of the fraudulent contract and that the equipment was no longer working. However, the company allegedly refused to remedy the situation and refused to let St. James Baptist Church out of its contract so it could purchase a different security system.
The church accuses Marlin Leasing and its employee, Tigreros, of consumer fraud and conspiracy to commit fraud for knowingly leasing used equipment and claiming it was new. St. James Baptist Church asks for more than $50,000 in damages and court costs.
It is represented by attorneys Rodney D. Caffey and Ralph J. Mendelsohn of Alton.
Madison County Circuit Court Case No. 13-L-1903.