Ameris Bank v. G and F Trucking TN LLC
Opinion
Trial Court Opinion
I. Background
Ameris Bank, a Georgia state-chartered banking corporation, d/b/a Balboa Capital Corportion (“Plaintiff” or “Ameris”) brought this lawsuit on December 6, 2023, alleging that Defendants G & F Trucking TN LLC (“Defendant” or “G & F”) and George Crout (“Crout”) (Collectively “Defendants”) (1) breach of contract, and (2) breach of personal guaranty. Complaint (“Compl.”) (Dkt. 1). On or about July 19, 2022, Plaintiff loaned Defendant, $92,337.93 (the “Agreement”) in order to finance equipment for its business (the “Collateral”). Compl. ¶ 13. Defendant was obligated to pay Plaintiff $2,140.00 per week. Id. ¶ 13. Defendants stopped making payments in July 2023 and breached the Agreement in August 2023. Id. ¶ 14. Following Defendants’ default, Plaintiff repossessed the Collateral and Defendants were credited in the amount of $45,394.25. Declaration of Don Ngo (“Ngo Delc.”) (Dkt.
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-02295-DOC-DFMx Date: June 11, 2024
Page
25-1) ¶ 6. Defendant then became liable for the remaining loan amount ($57,325.76) plus attorneys’ fees ($3,893.03), costs ($504.00), and pre-judgment interest ($5,102.50).