CLOVIS (KSMX)- The City of Clovis is suing the former operator of the Colonial Park Golf Course, claiming officials were never informed of any outstanding debt on equipment purchased earlier in May.
The Eastern New Mexico News reported that the city is suing Charlie Maciel and Real Golf, his limited liability corporation, for costs in excess of $177,000 covering debts and attorney fees.
“According to a civil court filing on Wednesday, the city alleges:
- The city was transitioning golf course operations from Real Golf to Touchstone and entered an agreement to purchase 15 pieces of landscaping equipment and other items necessary for operation of the course.
- The landscaping equipment was valued at $190,000, and other items at around $40,000. The city issued a check from Bank of Clovis for $230,154.50 on May 1, and the check was deposited into Maciel’s account at JP Stone Community Bank the next day.
- A bill of sale signed by Maciel explicitly stated Real Golf’s assets were unencumbered and the company had the right to sell those items.
- In June, the city was contacted by TCF Equipment Finance Inc., which said Maciel had financed or leased the equipment but stopped making payments after Real Golf ceased operations at the course. The company estimated it was still owed $85,557.22.
- Further investigation found Maciel owed other companies in the same fashion — $50,000 to the Bank of Clovis, $23,000 to DLL Finance and $14,000 from John Deere.
- Listed as defendants in the case are Maciel, Real Golf, Bank of Clovis, TCF, DLL, and John Deere. The city does not assert any wrongdoing on the part of the financial institutions, but listed them as defendants given their financial interest in the equipment. Some of the institutions have expressed a desire to repossess the equipment, which the city considers necessary to operate the course.
The city has also filed an injunction seeking to freeze any bank account at JP Stone Community bank bearing the name of Real Golf or Maciel”.