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WEST VIRGINIA RECORD

Friday, March 29, 2024

Man says car repossession violated state code

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POINT PLEASANT — A Marine Corps veteran is suing Ally Financial Inc. and West Virginia Automobile Adjustment Inc., auto financier and adjuster, citing alleged unlawful repossession.

Christopher Williams filed a complaint on Aug. 8 in Mason Circuit Court against the defendants, alleging that they violated the West Virginia Code.

According to the complaint, the plaintiff alleges that in October 2012, he purchased a used vehicle, financed by defendant Ally. On Nov. 20, 2015, he notified defendant Ally that all communications for him should be directed to his attorney, he alleges. On March 29, defendant West Virginia Automobile Adjustment took the vehicle from his private property, he claims. As a result, he suffered emotional distress, aggravation, anxiety and inconvenience, he alleges. The plaintiff holds the defendants responsible because the defendant Ally allegedly continued to contact him directly in order to collect a debt, made numerous harassing phone calls every day, demanding payment on the loan and failed to provide the statement of account and default charges, and defendant West Virginia Automobile Adjustment allegedly unlawfully repossessed the vehicle, sold it at an auction and demanded payment for a deficiency of $3,952.84.

The plaintiff requests a trial by jury and seeks appropriate equitable relief, punitive damages, attorney's fees and costs and such other relief the court deems equitable. He is represented by Lydia C. Miles of Mountain State Justice Inc. in Clarksburg.

Mason Circuit Court Case number 16-c-59

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