WEST VIRGINIA RECORD

ST. ALBANS -- A St. Albans man is being counter-sued after failing to arbitrate with a local car company.

Gary Casdorph of St. Albans is facing a lawsuit after purchasing a vehicle in October 2006 from Rowland Motors Inc. and its local J.D. Byrider store in Charleston. He also financed the vehicle through Rowland Motor's CNAC.

Filed on May 23, the suit states that Casdorph filed a civil action alleging unconscionable contract, fraud, usury, unlawful debt collection, unlawful repossession, and conversion as well as claims against a separate defendant who is not party to the action.

However, this was in breach of his Buyer's Statement of Understanding which states that the purchaser understands "that the contract provides for arbitration and that [Casdorph] ... waives the right to a trial by jury for all claims covered by the arbitration provision."

Filed on May 20, 2008, by Bren Pomponio and Sara Bird of the Charleston firm of Mountain State Justice, Casdorph's suit states that he is illiterate and has a significant unnamed handicap. He states that he was basically forced into looking at and eventually purchasing a 2003 Chevrolet Cavalier.

Casdorph's suit, filed in Kanawha Circuit Court, also claims that there was a hidden finance charge, that the car was sold to him for almost $11,000 but only worth $6,500, and that after making $4,400 in payments, the car was repossessed without his permission or explanation.

Rowland Motors, CNAC and J.D. Byrider's suit was filed in the United States District Court for the Southern District of West Virginia because they believe the time spent on this litigation and its associated costs well exceeds $75,000.

Filed by Khadine Ritter of Marietta firm of Theisen Brock, the suit states that Rowland Motors, CNAC and J.D. Byrider are seeking an order to compel Casdorph to submit all claims against them to them, costs for the action, and any other relief the court sees fit.