Nevada Commercial Collection Complaint

Posted by: on Thu, Jan 07, 2016

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COMES NOW, Plaintiff, RECYCLING SOLUTIONS OF NORTH AMERICA SA de CV, a foreign business entity (hereinafter “Plaintiff”), by and through its undersigned counsel of record, ALBRIGHT, STODDARD, WARNICK AND ALBRIGHT, and as and for his Complaint against Defendants TOTAL RECYCLING SOLUTIONS, INC., a Nevada corporation (hereinafter “Defendant”), alleges and avers as follows:
VENUE AND PARTIES
1. Plaintiff, RECYCLING SOLUTIONS OF NORTH AMERICA SA de CV is, and at all times relevant herein was, a foreign business entity, qualified to do business in the County of Clark, State of Nevada.
2. Plaintiff is informed and believes, and thereon alleges, that Defendant, TOTAL RECYCLING SOLUTIONS INC. is, and at all times relevant herein was a Nevada corporation, qualified to do business in the County of Clark, State of Nevada.

FIRST CAUSE OF ACTION
(Collection on Promissory Note – Against All Defendants)
3 Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
4 On or about April , 2015, Defendant, for valuable consideration, made, executed and delivered to Plaintiff a written Promissory Note in the amount of $150,000 (hereinafter the “Note”). Attached hereto as Exhibit “A” is a true and correct copy of said Note which is incorporated in full herein by reference.
5. The Note provides, among other things, that the principal amount of the Note was due and payable in monthly installments of $12,500, beginning on January 5, 2016, and ending December 5, 2016, at which time the remaining unpaid balance of the Note shall be due in full, with interest accruing on the unpaid principal at the rate of 10% per annum from the due date of the Note until paid.
6. Defendant defaulted on the Note by failure to pay the monthly installment of $12,500 due on January 5, 2016.
7. Pursuant to the terms of the Note, if any payment obligation thereunder is not paid when due, the remaining unpaid principal balance and any accrued interest shall become immediately due at the option of the Plaintiff.
8. Plaintiff is now, and at all times relevant was, the lawful owner and holder of said Note.
9. By the provisions of the Note, Defendant and Plaintiff agreed that, should any action be instituted on the Note to collect unpaid amounts upon a default, then Defendant will pay all costs of collection, including but not limited to reasonable attorney fees.
10. Because of the default of Defendant, Plaintiff has been required to hire Albright, Stoddard, Warnick & Albright to institute and maintain this action, and has contracted to pay them a reasonable fee.
SECOND CAUSE OF ACTION
(Declaratory Judgment)
11. Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
12. The aforementioned actions of the Defendant have been wilful, want, and malicious and oppressive, in/or undertaking with his specific intent to defraud the Plaintiff and consequently the Plaintiff is entitled to declaratory relief that the property and monies be returned to Plaintiff forthwith.
13. Plaintiff is entitled to an award of exemplary and punitive damages in amount in excess of $10,000.
THIRD CAUSE OF ACTION
(Breach of the Implied Covenant of Good Faith and Fair Dealing)
14. Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
15. Each and every aforementioned contract and agreement between the Plaintiff and Defendant were subject to an implied covenant of good faith and fair dealing as implied by Nevada law.
16. The Defendant, by his actions, has breached his duty of good faith and fair dealing owed to Plaintiff herein.
17. As a result of the Defendant’s breach of the implied covenant of good faith and fair dealing, Plaintiff has been damaged in an amount of excess of $10,000.
18. Plaintiff has been required to retain the assistance of counsel in this matter and is entitled to an award of attorneys fees and costs incurred herein.
FOURTH CAUSE OF ACTION
(Unjust Enrichment)
19. Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
20. Defendant has received from Plaintiff monies and accounts in an amount in excess of $10,000.
21. Defendant has been able to use and benefit from the monies taken, stolen, and converted from Plaintiff without consent, and for loans unpaid to Plaintiff.
22. Defendant has been unjustly enriched all to the damage of Plaintiff in an amount in excess of $10,000, together with interest thereon.
23. Plaintiff has been required to retain the assistance of counsel in this matter and is entitled to an award of attorneys fees and costs incurred herein.
FIFTH CAUSE OF ACTION
(Accounting)
24. Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
25. As a result of the aforementioned, the Defendant has received money from the Plaintiff as previously alleged.
26. The amount of money due from the Defendant to the Plaintiff is unknown to Plaintiff and cannot be ascertained without an accounting from the Defendant.
27. Plaintiff is informed and believes now and alleges that the amount due to Plaintiff is in amount in excess of $10,000.00.
28. Plaintiff has demanded an accounting from the Defendants and payment for the amounts found due, but the Defendants have failed and refused, and continue to fail and refuse to render such an accounting and to pay said sums to Plaintiff.
SIXTH CAUSE OF ACTION
(Breach of Contract)

29. Plaintiff repeats and realleges each and every allegation contained above and incorporates the same herein by reference.
30. By virtue of the foregoing, the Defendant has breached his contractual obligations and obligations under the Note, and the Plaintiff has been damaged thereby.
31. By virtue of the Defendant’s breaches of obligations lawfully due and owing from the Defendant to the Plaintiff, the Plaintiff has been damages in an amount in excess of $10,000.00 and is entitled to an award in excess of $10,000.00 against the Defendant herein.
32. Plaintiff is also entitled to interest accruing on the amounts due and owing to it, having been required to retain counsel to prosecute this action, the Plaintiff is entitled to an award as and for its reasonable costs and attorneys fees as incurred herein, under any rule, statute, or contractual provision allowing for the same and also as special damages incurred herein.
WHEREFORE Plaintiff prays for the following relief:
A. For general damages against the Defendant in an amount in excess of $10,000 against the Defendant in an exact amount to be determined at trial;
B. Plaintiff’s costs and attorneys’ fees incurred herein as special damages;
C. For declaratory relief;
D. For an accounting;
E. For accrued interest; and
F. For such other and further relief as this Court may deem just and appropriate in the circumstances.
DATED this _____day of January, 2016.

ALBRIGHT, STODDARD, WARNICK
& ALBRIGHT

By___________________________________
G. MARK ALBRIGHT, ESQ.
Nevada Bar No. 001394
801 South Rancho Drive, Suite D-4
Las Vegas, Nevada 89106
Attorneys for Plaintiff

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

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