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1.1.5 Pleadings, Primary Sources, and Practice Tools

The appendices contain a number of model repossession pleadings. Appendix D, infra, contains an answer and counterclaim to an automobile dealer’s deficiency action, and additional responses if, instead, an automobile financer brings the complaint. The appendix also contains a sample complaint to enjoin the sale of a repossessed car, a sample complaint alleging violation of 42 U.S.C. § 1983, conversion, and breach of the peace, and a sample class action complaint alleging churning. Appendix E, infra, contains discovery materials: interrogatories, document requests, and a request for admissions as to a car’s valuation.

These and over seventy additional sample pleadings are available in conjunction with the online version of this treatise, and are listed at the bottom of the table of contents under “Pleadings and Discovery.” The online pleadings include all the model pleadings found in the appendices and additional pleadings related to wrongful repossessions, defective sale notices, bankruptcy, automobile pawns, forced placed insurance, attorney fee requests, co-signers, and other repossession issues. Over 2000 additional pleadings are available online as part of NCLC’s Consumer Law Pleadings.

Most pleadings are available in Microsoft Word format, and can be edited, copied, downloaded, or printed. Pleadings also can be located through searches, using the standard search box. However it is recommended that readers use the “Advanced Pleading Search” tool found above the search box instead, as it allows one to narrow searches to a specific pleading type, subject matter, or legal claim.

The online version of this treatise also contains other timesaving and helpful aids. Federal materials available online, listed at the bottom of the table of contents under “Primary Sources” include twenty Federal Trade Commission (FTC) staff interpretation letters interpreting the Commission’s Credit Practices Rule; regulations concerning the repossession of manufactured homes; guidance and interpretations by the FTC and the Consumer Financial Protection Bureau (CFPB) regarding the application of the Fair Debt Collection Practices Act to repossessions; and a manual written by the military on the Servicemembers Civil Relief Act. As with the pleadings, these documents can all be searched, copied, downloaded, or printed. When using the search function to locate these materials, it is recommended to filter the search to include only Primary Sources.

Credit math software is also available online at Included are two different programs, one for transactions with regular payments and one for transactions with irregular monthly payments.