FORT WAYNE, Ind. (WANE) – Red River Waste Solutions has officially responded to a subpoena issued by Fort Wayne City Council.

Councilman Russ Jehl told WANE 15 that Red River responded to a document saying Red River could provide a briefing. Instead, they cancelled after the City’s attorney stepped in and said Red River would not be able to pay a performance bond that is due on Jan. 1, 2022. The bond is about $800,000.

“That’s disappointing, but telling, when you have a contractor that is bankrupt, doing a poor job, and is also not going to meet its basic responsibilities with the performance bond,” Jehl told WANE 15.

Since Red River began collecting trash in Fort Wayne three years ago, there have been thousands of complaints regarding missed pickups.

The Texas-based trash services company also filed for bankruptcy in October.

Jehl says Council will defer to the city administration on next steps, but the problem will likely linger into next year.

There are questions whether Red River will have to pay for that bond, even though they are going through bankruptcy. WANE 15 has reached out to the city to see if this will give the city rights to terminate the current contract with Red River. At this time the city hasn’t responded.