By Brenda L. Showalter
The Republic
John Hubler testified in court Friday that he believed a tentative agreement had been reached with his supplier when the vehicles at his Columbus car dealership were seized earlier this week.
Hubler, owner of John Hubler Nissan-Suzuki Inc. on Jonathan Moore Pike, said as a result of talks with Nissan Motor Acceptance Corp., he believed he was making substantial efforts to pay off his debts and abide by a contract agreement.
“I put on a scramble to sell my assets,” testified Hubler, explaining that he sold a property of his in Florida.
He testified that he made $200,000 in payments to NMAC and used another $200,000 to handle day-to-day business operations at the Columbus dealership.
“It appeared we came to an understanding,” Hubler said.
NMAC filed a complaint Monday in Bartholomew Superior Court 1 claiming that Hubler had not abided by terms of a wholesale agreement and it was entitled to seize vehicles and other assets at Hubler’s Columbus dealership.
Judge Chris Monroe signed the order that was enforced by Bartholomew County Sheriff’s Department on Monday.
Stickers stating vehicles were seized pursuant to court order were placed on the windows of dozens of vehicles.
NMAC claims it has the right to seize 185 vehicles with a value of $3.6 million at either at the Columbus dealership or at Hubler’s Suzuki dealership in Indianapolis.
Cathy Chromulak, an attorney for NMAC, asked Monroe to allow NMAC to seize the vehicles and remove them from the dealership lot.
She argued that the tentative agreement Hubler testified about was not signed and that NMAC had sent letters to Hubler stating that it planned to take possession of the vehicles because of Hubler defaulting on his contract and owed more than $1 million.
She also said NMAC has posted a $5.5 million bond with the court while the complaint is pending.
Monroe said he would take the matter under advisement and would have to review documents presented to him by the attorneys on Friday.
Dennis McCrosson, attorney for Hubler, said his client had tried to reach an agreement with NMAC and was led to believe he had time to get financial matters in order.
“Then they pulled the rug out from under us,” McCrosson said.
McCrosson argued that the case would have devastating consequences to his client’s business and recovery was unlikely if Monroe ordered that the 185 vehicles be removed.
Monroe said if he ruled in favor of Hubler and did not have the vehicles seized, he likely would require Hubler to post an approximate $5 million bond while the case is pending.
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