Repo Deficiency Lawsuit Dismissed
» Print This Page- January 26, 2014
- Cases
Plaintiff: Ally Financial Inc.
Plaintiff’s Attorney: Joseph Harrison, Esq.
Plaintiff’s Law Firm: Pollack and Rosen, P.A.
Case Outcome: Case dismissed without client paying anything
Our client was sued by Ally Financial Inc. relating to the client’s purchase of a car from Bill Heard Chevrolet. After Ally Financial repossessed the car, they sued the client for a deficiency judgment; this is often called a “repo deficiency lawsuit”.
As soon as our client retained us, we used our knowledge of state and federal laws relating to automotive financing and car dealer rip-offs, as well as our experience in defending against debt collection lawsuits. We filed the necessary documentation with the Court to ensure our client’s rights were preserved. Based on information we were able to discover about Ally Financial, we also filed a motion to dismiss. At the hearing on our motion, the Court dismissed the lawsuit. After the case was dismissed, Ally Financial agreed to reimburse all of our client’s attorney fees.
When defending any debt collection lawsuit, it is critical that you assert your legal rights with your first court filing. If you don’t, you may well lose important rights for the rest of the lawsuit. When you’ve been sued in a repo deficiency lawsuit, it is also important that you understand the potential additional defenses stemming from the original deal with the car dealership, as well as the repossession. We are experienced in these cases, and have helped numerous consumers who have been sued by debt collectors, including those sued in a repo deficiency lawsuit.
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