SAN DIEGO – A San Diego resident alleges her car was repossessed after she made arrangements to defer payments.
Susan Lindberg filed a complaint on Dec. 9 in the U.S. District Court for the Southern District of California against General Motors Financial Co. Inc. doing business as GM Financial, and Able Auto Adjusters Inc. citing the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in August 2016, she allegedly fell behind on her financial obligations for an auto loan secured by her 2015 Mitsubishi Mirage through GM. The suit states that under the agreement, she was required to pay $720.66 by Aug. 30 in order to defer her August and September payments, but despite having fulfilled her obligations, Able Auto, at the instruction of GM, repossessed her vehicle from her home. She alleges the incident caused her to suffer mental anguish, including stress, anxiety, sleeplessness, nervousness, restlessness, irritability, frustration and anger.
The plaintiff holds General Motors Financial Co. Inc. and Able Auto Adjusters Inc. responsible because the defendants allegedly possessed plaintiff's property against deferred agreement, threatened that nonpayment of the alleged debt might result in the arrest of plaintiff or garnishment of her property, and caused her embarrassment and derogatory credit history.
The plaintiff requests a trial by jury and seeks judgment against defendants, actual damages, statutory damages of $1,000, costs of litigation, attorney’s fees and treble damages. She is represented by Jessica R. K. Dorman and Robert L. Hyde of Hyde & Swigart in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02988