BELLEVILLE — Isuzu Finance claims the owner of an Illinois trucking and hauling company defaulted on his loan and refuses to surrender equipment worth more than $100,000.
Isuzu Finance of America Inc., filed a complaint Sept. 18 in the St. Clair County Circuit Court against Demarcus Mitchell, alleging unjust enrichment, larceny, fraud and other claims.
According to the complaint, DM Trucking & Hauling entered into a "Secured Promissory Note" on Feb. 22, 2018, with Isuzu to finance a "Bibeau Dump Body" 2018 Mack truck. Isuzu alleges in its suit that DM Trucking has "defaulted on payments due under the agreement."
Isuzu filed a complaint for lien foreclosure against DM Trucking on July 11, 2019, in the St. Clair County Circuit Court. On Oct. 30, 2019, the court ruled in Isuzu's favor and ordered DM Trucking to "surrender possession of the equipment." Isuzu claims DM "has failed and refused and continues to fail and reuse, to turn over the equipment." The plaintiff also claims they have made "numerous" attempts to enforce the court order to return the equipment including correspondence and "filing citations" against Mitchell and "several of his known associates."
Isuzu alleges Mitchell is in possession of the equipment and operates the equipment "in the course of his trucking business" but refuses to "surrender" the equipment that is estimated to have a fair market value of $114,902.00.
Isuzu seeks monetary and all other just relief. The plaintiff is represented by Dennis Dressler and John Wagener of Dressler/Peters LLC in Chicago.
St. Clair County Circuit Court case number 20-L-0716