BECKLEY—A Raleigh County resident filed suit against a local automobile dealership complaining of unlawful seizure in an “an abrupt, illegal, and unfair repossession” in 2014.
Robert Cook of Beckley filed a complaint against Grant S. Lilly Ent. Pre-Owned Auto Sales LLC of Beckley in Raleigh Circuit Court on June 22 regarding the March 2014 repossession of his 2006 Chevrolet Silverado, which he claims was done illegally.
The action states that the defendant advised the plaintiff that his account was two months past due on March 28, 2014, and took possession of the vehicle. Cook alleges that he tried to remit the funds during the procedure but that the defendant would not accept payment, requested that he remove personal items from the truck, and served him with a document titled Notice of Consumer Rights to Cure Default.
According to the filing, the defendant failed to lawfully serve the Notice to Cure Default to the plaintiff at least 10 days from the date his account became past due, in violation of West Virginia law; and that the dealership’s “conduct is of a kind which has the natural consequence of causing harassment, oppression, abuse, aggravation, annoyance, and inconvenience…” by Cook’s having to bring suit.
Alleging violation of state code and tort of outrage, negligence, and breach of duties, the plaintiff seeks actual, general, special and punitive damages, interest, attorneys’ fees and costs.
Cook is represented by Troy Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston.
Raleigh Circuit Court case number 15-C-588-K.