GREENACRES, FL (Boca Post) (Copyright © 2026) — A Palm Beach County civil complaint filed April 10 alleges a Greenacres business and its owner defaulted on a revenue-based financing agreement and now owe more than $83,000 in damages, fees, and costs, according to the lawsuit.
The case, EBF Holdings, LLC d/b/a Everest Business Funding v. Cream Fusion LLC and Devon Garfield Cummings, individually, was filed as Case No. 502026CA004075XXXAMB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
The plaintiff, EBF Holdings, which does business as Everest Business Funding, is represented in the complaint by attorney Sally Vos. No defense law firm is listed in the filing. The complaint identifies Cream Fusion as a Florida for-profit corporation with a principal place of business at 3979 Jog Road in Greenacres, and identifies Cummings as both a member and registered agent of the company and a Palm Beach County resident.
According to the complaint, Cream Fusion entered into a revenue-based financing agreement with EBF on or about Oct. 2, 2025. The lawsuit says the agreement called for EBF to pay $85,000 in exchange for the right to collect $114,750 in future receipts from the business. The complaint says the specified percentage of future receipts was 12 percent, and that Cream Fusion agreed to deposit all future receipts into one bank account approved by EBF so daily ACH payments could be withdrawn.
The complaint alleges Cream Fusion provided financial information estimating daily receipts that produced an initial daily payment of $740.32. EBF claims it performed under the agreement by remitting the purchase price, but says the payment arrangement later broke down. According to the complaint, an ACH payment was returned beginning on or about Dec. 15, 2025, with a stop payment code, placing the transaction in default under the agreement.
The filing says ACH payments failed on Dec. 15, Dec. 16, and Dec. 17, 2025. It further alleges Cream Fusion incurred an NSF fee after the Dec. 16 attempt and a UCC fee on Dec. 18. EBF says it sent numerous emails and text messages regarding the failed transaction. The complaint also alleges Cream Fusion later ceased remitting EBF’s share of purchased receipts while continuing to operate and generate revenue.
EBF claims Cream Fusion now owes a balance of $83,089, including $77,734 in future receivables, a $15 NSF fee, a $5,000 default fee, and a $250 UCC fee. The lawsuit brings a breach of contract count against Cream Fusion, a breach of guaranty count against Cummings, and an unjust enrichment claim pleaded in the alternative against both defendants.
The complaint alleges Cummings personally guaranteed the agreement and breached that guaranty by allowing actions that prevented EBF from receiving the purchased receivables. EBF seeks damages of no less than $83,089, plus prejudgment interest, attorney’s fees, costs, and other relief the court deems proper. All of those allegations are claims made by the plaintiff and have not been proven in court.
The original complaint, EBF Holdings, LLC d/b/a Everest Business Funding v. Cream Fusion LLC and Devon Garfield Cummings, individually, Case No. 502026CA004075XXXAMB, as filed 04/10/2026, with the Palm Beach County Clerk of Court, can be viewed at the PBC Clerk of Court.
Boca Post provides daily reporting on Contract & Business Disputes filed in Palm Beach County. Boca Post tracks civil litigation filed in Palm Beach County courts as part of its ongoing legal coverage. Readers can explore recent cases in our Boca Raton lawsuits coverage.
