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"Madison County Associate Judge Stephen Stobbs on Jan. 2 denied a motion to dismiss a lawsuit involving two Collinsville attorneys. He also&nbsp;set the case for a non-jury trial on Feb. 22.<br /><br />John L. Bitzer is suing William L. Berry, claiming &nbsp;he is owed more than $15,000.<br /><br />Bitzer alleges attorney William L. Berry wrote a check to Vanguard, Bitzer&rsquo;s profit sharing plan, for $5,340. The check was returned due to insufficient funds in Berry&rsquo;s account, according to the small claims complaint filed May 17 in Madison County Circuit Court.<br /><br />Since then, Berry admitted owing Bitzer money but refused to pay him, the suit states.<br /><br />The suit also claims Berry owes credit card charges.<br /><br />&ldquo;Said credit card was obtained for the purpose of paying certain expenses incurred by the former law firm of Dunham, Boman and Leskera,&rdquo; the suit states.<br /><br />&ldquo;Nevertheless, Defendant, again without permission or knowledge by the plaintiff, used the card for his own personal use such as $390 for Fox Theater tickets, $1,117.20 for Busch Stadium Skybox, $5,400 for St. Louis Cardinals season tickets and a $3,000 cash advance.&rdquo;<br /><br />Berry wrote in his motion to dismiss that the statute of limitations for filing a claim such as Bitzer's is five years. He argued that allegations in the second count of Bitzer's May 2012 suit refer to transactions from July, November and December 2006.<br /><br />Todd Sivia of Sivia Business &amp; Legal Services in Edwardsville represents Berry.<br /><br />Bitzer represents himself.<br /><br /><i>Madison County Circuit Court case number: 12-SC-1884</i>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://madisonrecord.com/stories/510574703-stobbs-sets-feb-22-trial-in-attorney-s-lawsuit-over-debt>