Miami company faces federal suit for alleged failure to pay $400,000 for produce shipments

By Charmaine Little | Nov 7, 2018

ICS Media Database

MIAMI – A Georgia-based produce dealer recently filed a federal suit alleging a Miami-based company has failed to pay approximately $400,000 in a timely manner for the sale and delivery of produce.   

Weng Farms, headquartered in Savannah, filed suit Oct. 18 in the U.S. District Court for the Southern District of Florida against Florida produce dealer Maya Fruit and one of its shareholders, Richard Vega, for failure to pay after the exchange of goods.  

In the suit, Weng Farms said it sold perishable agricultural commodities to Maya Fruit from January to March and delivered an invoice to Maya Fruit following each sale. Weng Farms said the invoices to show how much Maya Fruit still owes for the transactions. Per the invoice terms, Maya Fruit had 30 days to fulfill payment for the sale to be protected under the Perishable Agricultural Commodities Act PACA) Trust, but Weng Farms said Maya Fruit failed to pay within the maximum 30-day period and Maya Fruit now owes it $385,919.

Weng Farms' suit seeks compensatory damages for violation of the PACA’s requirement of prompt payment in full. The suit said the invoices are more than 90 days past due. The suit also seeks compensatory damages for failure to maintain the PCA and conversion of the PACA Trust assets and compensatory damages for common law breach of contract and intentional breach of fiduciary duty.

Weng Farms said it added Vega as a defendant as the company allegedly had discussions with Vega about Maya Farm purchasing the produce from Weng Farms and the alleged failure to pay the full invoice.

Weng Farms asked the court to order the defendants to pay the full amount as well as any other costs the court sees fit.

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