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Repossessions: D.5 Sample Class Action Complaint Alleging Churning

Consumer, an individual, on

behalf of herself and all others similarly

situated,

Plaintiff

v.

Buy Here Pay Here Dealer, Inc.,

Defendant

Civil Action No.

COMPLAINT FOR DAMAGES AND INCIDENTAL RELIEF16

Plaintiff Consumer, an individual, on behalf of herself and all others similarly situated, sues Defendant, Buy Here Pay Here, Inc., a [state] corporation, and alleges:

Introduction

Repossessions: D.6.2 Brief in Support of Emergency Motion for Return of Property

BRIEF IN SUPPORT OF EMERGENCY MOTION FOR RETURN OF PROPERTY

Introduction

This is an action involving a wrongful conversion of a family minivan by use of intimidation and threats of violence, supported by threats of arrest by armed law enforcement. Plaintiffs had paid for their minivan in full, without financing, and at no point was there any lien on the minivan that would allow for an ex parte taking. Plaintiffs own the minivan outright.

Repossessions: D.7 Sample Complaint to Enjoin Sale

Consumer,

Plaintiff

v.

Secured Creditor,

Defendant

Case No.

COMPLAINT TO ENJOIN RESALE OF REPOSSESSED VEHICLE

Parties

1. The Plaintiff [name] is an individual who resides at [address].

2. The Defendant [name] is a corporation that does business in this state and is a secured party as defined by [state codification of U.C.C. § 9-102(a)(72)].

Facts

Repossessions: E.1 Sample First Set of Interrogatories

Federal Rule of Civil Procedure 33(a) and certain state rules of civil procedure limit the number of interrogatories to twenty-five including subparts. This limitation may be avoided only by leave of the court with written stipulation of the parties. Nevertheless, because most repossession litigation is in state court, this sample set includes more than twenty-five interrogatories.

Repossessions: E.2 Sample Document Request

Automobile Creditor,

Plaintiff

v.

Consumer,

Defendant

Case No.

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 34 of the Federal Rules of Civil Procedure [or other appropriate state procedural rule], Defendant requests that Plaintiff produce the documents, electronically stored information, or other materials listed hereinafter for inspection and/or copying at the office of the attorney for Defendant on [specify date and time].

Repossessions: E.3 Sample Supplemental Interrogatories for Dealer Only Auto Auction

A typical method to dispose of repossessed automobiles is through an automobile auction whose rules permit attendance only by dealers. These are additional sample interrogatory questions designed for cases in which the response to the first set of interrogatories indicates that the vehicle was resold at such a dealer only auction.2

Automobile Creditor,

Plaintiff

v.

Consumer,

Defendant

Case No.

DEFENDANT’S SECOND SET OF INTERROGATORIES TO PLAINTIFF

Repossessions: E.4 Sample Second Document Request

Automobile Creditor,

Plaintiff

v.

Consumer,

Defendant

Case No.

SECOND REQUEST FOR PRODUCTION OF DOCUMENTS

1. Produce each and every document which you identified or described in response to Defendant’s First Set of Written Interrogatories.

2. Produce each and every document upon which you relied in the preparation of your Reply to Defendant’s Answer and Counterclaim in this action.

Submitted by,

Attorney for Defendant

Repossessions: § 3935. Duration and term of stays; codefendants not in service

(a) Period of stay

A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

(b) Codefendants

Repossessions: § 3936. Statute of limitations

(a) Tolling of statutes of limitation during military service

The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

Repossessions: § 3951. Evictions and distress

(a) Court-ordered eviction

(1) In general

Except by court order, a landlord (or another person with paramount title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a residence; and

Repossessions: § 3953. Mortgages and trust deeds

(a) Mortgage as security

This section applies only to an obligation on real or personal property owned by a servicemember that—

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

Repossessions: § 3954. Settlement of stayed cases relating to personal property

(a) Appraisal of property

When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.

(b) Equity payment

Repossessions: § 3955. Termination of residential or motor vehicle leases

(a) Termination

(1) Termination by lessee

The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—

(A) the lessee’s entry into military service;

(B) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be; or

Repossessions: § 3957. Protection of life insurance policy

(a) Assignment of policy protected

If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.

(b) Exception

Repossessions: § 3958. Enforcement of storage liens

(a) Liens

(1) Limitation on foreclosure or enforcement

A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

(2) Lien defined

Repossessions: § 3959. Extension of protections to dependents

Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.

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