Interest Caps Under the Servicemembers Civil Relief Act

For active servicemembers of our military, it can be challenging and overwhelming to handle finances at a time when more important priorities take hold in their lives. Their service to our country unfortunately doesn’t always provide a living to overcome the financial obstacles they face here at home. Thankfully, the Servicemembers Civil Relief Act (SCRA) provides relief from some of the burden interest adds to Read More

Kristen Jennings, Plaintiff-Appellant, v. American Credit Acceptance, LLC, and JHG Mid-American Services, Inc., Defendants-Appellees

Introduction In early 2022, Kristen Jennings, a Missouri resident, filed suit against American Credit Acceptance, an auto lender, and JHG Mid-American Services, Inc. Most crucially, her lawsuit alleged that American Credit Acceptance, a major auto lender, retained a tow-truck company to repossess her Dodge Charger even though the vehicle was paid off in full.  Ms. Jennings’ Case In her lawsuit, Ms. Jennings Read More

Evelyn Jaramillo, Plaintiff-Appellant, v. TitleMax, MVConnect, and Paramount Recovery Service, Defendants-Appellees

Introduction In May 2021, California resident Evelyn Jaramillo sued the above-mentioned defendants in California state court alleging, most saliently, that TitleMax repossessed her vehicle, which she’d purchased at a lien sale, even though TitleMax had received notice of the sale. In fact, Ms. Jaramillo alleged, TitleMax unlawfully repossessed her Toyota Sequoia about seven months after she’d received a clear Read More

Dianne Godbey, Plaintiff-Appellant, v. Ally Financial, Inc. and JHG Mid-American Services, Inc., Defendants-Appellees

Introduction In late 2021, Dianne Godbey, a Missouri resident, filed suit against Ally Financial, Inc. and JHG Mid-American Services, Inc. Most crucially, her lawsuit alleged that Ally, a major auto lender, retained a tow-truck company to repossess her truck even though Ms. Godbey not only hadn’t defaulted but didn’t even have an account with Ally.  Ms. Godbey’s Case In her lawsuit, Ms. Godbey alleges that, Read More

Illegal Vehicular Repossession in Missouri and Kansas: What the Laws Say and How Consumers Can Fight Unlawful Repos

The auto-repo industry is notorious for marginal practices and aggressive tactics. When an ordinary individual is behind on car payments, they’re likely in a financially vulnerable position, making them a relative target for abusive repo practices. Likewise, such a person may feel impotent in defending themselves when a faceless tow truck seizes their vehicle at the behest of a lender, sometimes in the dead of night Read More

Arbitration and the Military Lending Act: What to do if you’re in the Military and a Business tries to push you into Arbitration

Being pushed into arbitration while actively serving in the military can put you into an impossible situation. Not only might you not receive proper notices in a timely manner, but your military service may make it impossible for you to attend any proceedings. According to the U.S. Government Accountability Office, mandatory arbitration clauses, such as those seen in apartment lease agreements, have caused some Read More

Eviction Prevention Provisions under the Servicemembers Civil Relief Act

U.S. Military service members sacrifice a great deal to serve and protect our country and freedoms. These men and women leave their families, put their lives at risk and oftentimes endure great hardships while on active service. Servicemembers should only be focused on doing their job safely and returning home to their loved ones as quickly as possible. They should not be burdened with other worries as well, such as Read More

Foreclosure Prevention Provisions under the Servicemembers Civil Relief Act

Military service members give a lot for our country and our freedoms. Our service members should only be concerned with getting home safely and getting the job done correctly. They should not be burdened with worries over their home being foreclosed upon while they are away on active service. The last thing any service member wants is to finally make it home to discover they no longer have a home.  Foreclosure Read More

Illegal Repossessions Under The Servicemember Civil Relief Act

The word repossession brings to mind an unpleasant picture. Having your home, car or other property repossessed doesn’t only put you into a bad situation, but it can also be extremely embarrassing and humiliating. The last thing any service member wants to worry about while on active service is making it home to discover they no longer have a car. The SCRA laws may prevent any illegal repossessions and allow you to Read More

SCRA: The purpose and history of the Servicemembers Civil Relief Act

In recent decades, numerous pieces of key legislation have been written and adopted into law that are designed to protect consumers’ rights. One of the biggest pieces of legislation has to be the Servicemembers Civil Relief Act (SCRA). The act is designed to offer certain protections for servicemembers who are called to active duty. According to the Department of Justice, the SCRA was enacted in 2003 and has since Read More