Sidney Moorer, who is still waiting for a court date to be set on the charges he faces in the Heather Elvis case, is set to appear in court Monday to face a civil suit over bills he said he couldn’t pay because he was in jail on false charges.
Moorer is scheduled to appear in Horry County Magistrate Judge G. Derek Blanton’s courtroom at 3 p.m. Monday in regards to a civil suit filed against him in July after Portfolio Recovery Associates LLC/ Synchrony Bank, a debt collector, said he repeatedly defaulted on payments on a Toys R Us credit account, totaling $6,603.32, court records show.
“I was incarcerated on false charges and was unable to pay. I want a trial,” Moorer said on a court document in answer to the civil complaint against him on Aug. 25 after checking a box on the document denying any responsibility for the debt, which was served at his home on Aug. 5.
Moorer and wife Tammy were arrested in February 2014 and charged with murder, kidnapping, indecent exposure and obstructing justice in connection with the Heather Elvis case. The couple remained jailed through 2014. Tammy was released in January 2015 and Sidney was released in February 2015 after bond at $100,000 was set for each of them by Circuit Court Judge R. Markley Dennis, according to records.
A court date in the Heather Elvis case has not yet been set. On Wednesday, Horry County Solicitor Jimmy Richardson and defense attorneys for Sidney Moorer, 39, and Tammy Moorer, 43, who is also charged in the kidnapping and killing of Elvis, will have a conference call with Dennis at which time hearing dates may be discussed, Richardson said.
As for the debt, the bulk of the $6,603.32 outstanding balance that prompted the civil suit was amassed prior to Sidney Moorer’s arrest with the amount due sitting at $5,890.04 in October 2013, and the last payment on the account made in February 2014, records show.
Fees and interest on the account grew and upped the balance, and the account was turned over to debt collectors on Sept. 28, 2014, according to court documents.
Portfolio Recovery Associates LLC/ Synchrony Bank is after the $6,603.32 balance plus court costs, documents show, and a motion was filed in October contesting Sidney Moorer’s response to the debt.
“The defendant’s answer contains only general denials and states no issue of fact for trial. The law is well settled that the defendant may not rest on mere denials or averments in the pleading but must set forth specific facts showing that there is a genuine issue for trial,” according to the motion.
The civil suit will be sorted out in Horry County magistrate court because the amount due is less than $7,500.
The plaintiff is being represented by Frederick J. Hanna and Associates, and the firm’s Managing Attorney, Clay Moseley, based at the corporate office in Atlanta, said he could not comment on the proceedings or the firm’s awareness of Sidney Moorer’s other legal issues.
It’s unclear if Sidney Moorer’s criminal defense attorney, Kirk Truslow, will represent him in the civil matter. Truslow did not return calls for comment on the case or to confirm or deny representation on the issue.
The civil suit court date was originally set for Oct. 28, but was rescheduled for Monday due to a scheduling issue in the judge’s office.
Sidney and Tammy Moorer’s criminal court date was set for May 11, but was continued. All legal parties involved in the Moorers’ criminal case have expressed an interest in moving forward with a trial, and a status update on the case will be discussed on the Wednesday conference call, Richardson said.
“It’s just good to get everyone on the same page every so often,” Richardson said.
He said the judge has been waiting on his office to get information to him and the defense. Once everything is ready, some pre-trial motions will be read, Richardson said.
Heather Elvis, 20, was last heard from on Dec. 18, 2013. Her car was found abandoned at the Peachtree Boat Landing in Socastee on Dec. 19, and she remains missing.
The Moorers have been living in Florida since September after Dennis modified the couple’s bond and allowed them to move there for work.