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Somerset, Pa.-based FTCA Inc. has lost its bid to have the courts seize nine campers worth $90,000 that it says were wrongfully taken from its property.
The Tribune-Democrat, Johnstown, Pa., reported that Judge David Klementik dismissed a bid from the builder, formerly known as Fleetwood Folding Trailers, to seize the campers being held by two delivery companies at their Kansas City, Kan., facilities.
Fleetwood had sought an injunction for return of the property.
But Klementik sided with the defendants, Kansas Logistics Inc. and NKC Transportation LLC. They claimed that Somerset County Court does not have jurisdiction because the trailers are being held in Kansas City.
Complaints still remain between the parties, however.
According to the Tribune-Democrat, the Kansas companies said they decided to hold the trailers rather than transport them to their new owners when FTCA failed to pay its delivery bills.
Between them, the transportation companies said they are owed more than $150,000 in delivery charges.
FTCA said it has been paying a third company – Marquette Transportation Finance Inc. – that the transporters had hired to collect their accounts receivable.
Brian Must, a Pittsburgh attorney representing Fleetwood, said he was disappointed that the judge said FTCA would have to bring legal action in Kansas to recover the trailers.
But he said Klementik would rule on who has a right to the campers.
If the judge decides Fleetwood owns them, he could award monetary damages to FTCA, Must said.
All of this legal maneuvering comes on the heels of an open letter from FTCA published by Jim Sylvester, company president. In the letter, Sylvester decries the sorry state of the recreational vehicle manufacturing industry.
RV sales industrywide have severely declined in the past 12 months, Sylvester said in the letter. In December, he said, 300 folding campers were sold nationwide compared with 1,700 in December 2007.