Counterclaims under Truth in Lending Act Convinced Autovest to Dismiss their Case
Though there are countless ways to attack a collection lawsuit, most cases come down to a simple lack of evidence on the collector’s part. But this case was a bit different. My clients were sued by a debt buyer called Autovest, LLC. As I’ve written before, Autovest is a Michigan company that buys charged off repossession deficiencies and sues consumers for the debts. Auto loans are subject to a number of defenses and possible counterclaims because
a) repossessions are subject to lots of abuse by careless and rude repo men, giving potential counterclaims under the UCC Article 9 and
b)car dealers are so sloppy and errors in loan origination are very common. This can give you counterclaims under the Truth in Lending Act.
![Another Trial Vicotry in Mobile County, Alabama - Repo Deficiency Lawsuit Dismissed after TILA Counterclaims were raised by Collection Defense Attorney Judson Crump](https://judsonecrump.com/wp-content/uploads/2014/09/Order-Dismissing-Repo-Deficiency-Suit-by-Autovest-231x300.jpg)
In this case, my clients were sued for an old car loan, and after looking over the dealer sale documents, I noticed some clear discrepancies and omissions on the TILA disclosures. So in addition to filing my answer, I filed a counterclaim under Truth in Lending Act.
Rather than litigate all this, the collector just decided to waive their claims if we agreed to waive our counterclaims.
So we filed a joint stipulation of dismissal, and my clients are debt free.
Total savings: $4,707.
Leave a Reply