Smith v. Afs Acceptance, Llc.

2012 WL 1969415 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Smith (Ps) and Rashai Jackson sued AFS Acceptance, LLC (Ds) and Equitable Services, Inc. (Equitable) for various statutory and common law claims arising out an incident that occurred on August 16, 2010. P obtained an auto loan from D to purchase a vehicle. P defaulted on her loan, D hired Equitable to repossess the vehicle. While Equitable was in the process of hooking the vehicle up to tow it away, P's daughter, Rashai jumped into the vehicle, and then P also jumped into the vehicle. The police arrived on the scene while the repossession was in progress and the two women were in the vehicle. Equitable had even raised the vehicle on the tow with Rashai in the car and the door open when P had jumped in as well and were towing the car from the driveway to the street. The officers stopped the repossession and told Equitable to leave the vehicle in the driveway. D has moved to dismiss the claims against it: (1) violation of Article 9-609(b)(2), (2) negligence and (3) willful and wanton behavior. Equitable has moved to dismiss all five claims against it: (1) violation of the Fair Debt Collection Practices Act, (2) violation of 9-609(b)(2), (3) negligence, (4) willful and wanton behavior, and intentional infliction of emotional distress.