Lawsuit: Capital firm accuses car dealership of loan default, faking insurance certificates 

A Springfield-based capital firm focused on lending money to used auto dealers to fund purchases of inventory – a type of business known as floor plan financing – filed a three-count civil case against a Kearney Street car lot in Greene County courts shortly before Thanksgiving.  

Owned by Scott Brammell and Laura McCune, Skyline Capital LLC accused S&A Motorsports LLC and its owner, Brad Sims, of breach of contract, default on a personal guaranty and fraud/misrepresentation, according to the lawsuit petition filed Nov. 26.  

Skyline’s lawsuit also alleges that S&A is closed for business. Reached Wednesday morning, Sims said in a text message, “It is an active business in good standing in the state of Missouri.” Photos taken by Springfield Business Journal on the afternoon of Dec. 2 showed S&A’s storefront located at 2359 E. Kearney St. with an empty parking lot and a damaged roof sign. 

Skyline states in court filings that S&A defaulted on a $100,000 floor plan financing loan issued in January 2020, according to the lawsuit. The plaintiff also accuses the defendant of allegedly providing four years’ worth of fraudulent garage liability insurance certificates for cars S&A purchased with Skyline loan funds that went on sale at the dealership. The vehicles also served as collateral for the loan, according to the lawsuit. 

Skyline also alleges in its court petition that S&A “did not have a valid dealers license” and that Sims, the dealership owner, “created the fake insurance certificates and dealers license.” 

Skyline later repossessed at least 13 vehicles purchased by S&A for which it had a first lien position, auctioning them off in a series of transactions between Sept. 19, 2024, and May 13 of this year, according to the lawsuit petition and court exhibits, leaving an outstanding principal balance of $41,854 plus $4,121 in interest due. 

Skyline alleges that S&A failed to pay. The company is now seeking the remaining unpaid principal, the interest, plus court costs and attorney’s fees, according to the lawsuit. 

SBJ reached Sims by phone late in the morning of Dec. 2. He followed up with a statement via text message. 

“I have not been served with any lawsuit,” Sims wrote. “And we look forward to defending any lawsuit from Skyline (Capital) and the initial allegations you have stated in your voicemail [that Sims is accused of defaulting on the $100,000 loan and faking insurance certificates and a dealer license] are false and we will defend them vigorously. In court.” 

Missouri online court records showed that on Nov. 26, the plaintiffs’ attorney, Jon Gold, filed a request for a process server to serve the summons and petition to the defendants.

SBJ left a message Tuesday seeking comment from Jon Gold, the attorney listed as representing Skyline in the case. 

Missouri online court records showed no court hearing dates had been scheduled as of deadline Tuesday.