Federal lawsuit filed against HI

By Jason Niblett, newseditor@laurelleadercall.com

September 08, 2008 09:44 am

— One of Howard Industries suppliers has filed a federal lawsuit in United States District Court for the Southern District of Mississippi.
HD Supply, Inc. filed the suit against Howard Industries August 14, claiming the local industry hasn’t paid HD Supply $72,652.53 past due more than 90 days. There was an overdue charge of $679.48 for one to 30 days past due that was paid recently, according to court documents. The overdue balance of more than $70,000 has revolved from charges made as early as November 18, 2006.
According to the court complaint, HD Supply, Inc., is a Delaware corporation based in Atlanta, Ga. The amount demanded is more than $75,000 once past due interest and attorney’s fees are included, so the civil case falls under the jurisdiction of the federal court system. The purchases, according to the complaint, were made for “certain goods and materials from Tvesco, Inc. on an open account. In 2006, Tvesco, Inc. was acquired by a predecessor in interest of HD Supply. HD Supply currently owns all outstanding open accounts of Tvesco, Inc.
“After the acquisition of Tvesco, Inc., Howard continued to purchase certain goods and materials from HD Supply and its predecessors in interest on the open account.”
The principal amount outstanding is $69,315.04, according to court records. The interest totals $3,337.49. HD Supply’s attorney’s fees exceed $6,000, according to the complaint.
“Wherefore, Premises considered, HD Supply, Inc. demands a judgment be entered against Howard Industries, Inc. in the amount of $69,315.04, together with interest at the maximum rate allowed by law, attorney’s fees exceeding $6,000 and all costs of court,” the complaint reads.
According to the Summons in a Civil Action case, Howard Industries has 20 days to respond to the complaint that was filed August 14. There has been no response entered with the Southern District of Mississippi court.