FRESNO — A Fresno County man is suing debt collectors, alleging violation of the Rosenthal Fair Debt Collection Practices Act (RFDCPA), trespass to chattels and conversion.
Luis Galvan filed a complaint Oct. 23 in Fresno County Superior Court against Hyundai Capital America and Does 1-10, alleging that they violated RFDCPA through abusive, deceptive and unfair debt collection practices.
According to the complaint, in December 2016, Galvan's motor vehicle was repossessed by Hyundai Capital America due to default payment. However, thereafter, the suit says, the defendant made various misrepresentations to Galvan to provide Hyundai Capital America with additional funds for the return of the vehicle.
However, Galvan says the vehicle was never returned to him despite additional funds provided. As a result of the defendants' conduct, Galvan says he was deprived of his vehicle, incurred expenses for alternate transportation, and has suffered extreme embarrassment, shame, anxiety and mental distress.
The plaintiff alleges Hyundai Capital America and Does 1-10 made misrepresentations purely to induce Galvan to provide additional funds, and caused the plaintiff to continue making payments on the vehicle in order to protect his credit.
Galvan seeks trial by jury, actual, statutory, general, special and punitive damages, costs of litigation, attorney fees and all other relief the court orders. He is represented by attorney Todd M. Friedman of Law Offices of Todd M. Friedman PC in Woodland Hills.
Fresno County Superior Court case number 17-CECG-03660