See, e.g. We reverse the trial courts award of attorney fees to Exeter because the fees were not incurred to enforce the contract, but we otherwise affirm the trial courts judgment because Murphy failed to produce more than a scintilla of evidence in support of his claims for usury, deceptive trade practices, and breach of contract. No proposed order. ) or https:// means youve safely connected to the official website. This page is located more than 3 levels deep within a topic. More than 3,000 borrowers in Massachusetts could be eligible to receive money under a $27.2 million settlement Attorney General Maura Healey announced Wednesday with Credit Acceptance Corp to resolve allegations that the subprime auto lender engaged in predatory loan practices that ruined the credit of many consumers. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. Crocker v. Babcock , 448 S.W.3d 159, 163 (Tex. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Filed bySeely Moore. Distance From Exeter, Ontario Update. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Mailed notice (ef, ) (Entered: 11/12/2021), Docket(#34) REPORT of Rule 26(f) Planning Meeting by Dennis J. Henderson (Plati, Michael) (Entered: 11/02/2021), Docket(#33) ORDER signed by the Honorable John F. Kness on 10/19/2021: Telephonic initial status hearing is set for 11/15/2021 at 10:00 AM. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Heres what you need to know. Case assignment: Random assignment. 2013) ). Finally, one place to get all the court documents we need. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. 2017). The settlements in Massachusetts and Delaware resulted from a joint investigation by the states' attorneys general offices, the offices said in separate statements Monday. See more newsletter options at autonews.com/newsletters. The complaint also alleged that some CAC borrowers were subject to hidden finance charges, which resulted in violations of the states 21 percent usury cap and that CAC engaged in unlawful collection practices. Then donations poured in. And the best part of all, documents in their CrowdSourced Library are FREE! 7:23-CV-00019 | 2023-02-24, U.S. District Courts | Finance | Admin. Then donations poured in. Mitchell v. Experian Information Solutions, Inc. Denos v. First Northern Credit Union et al, Henderson v. Equifax Information Services, LLC et al. Why is this public record being published online? Participants are directed to keep their device muted when they are not speaking. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). 3-5 d) (Gale, Elliot) (Filed on 9/19/2017) (Entered: 09/19/2017), STIPULATION EXTENDING TIME FOR DEFENDANT EXETER FINANCE LLC TO RESPOND TO COMPLAINT re 1 Complaint filed by Exeter Finance Corp. (Fuller, Chad) (Filed on 9/14/2017) Modified on 9/15/2017 (bwS, COURT STAFF). ISSN 2576-1064 (print) 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021), Los Angeles County Superior Courts | Other | Accordingly, the case against Defendant Experian Information Solutions, Inc. is dismissed with prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. R. Crim. Id. ; Woodruff v. Wright , 51 S.W.3d 727, 734 (Tex. 173.254.243.202 R. Civ. And the best part of all, documents in their CrowdSourced Library are FREE! No proposed order. (crl, ) (Entered: 06/17/2021), (#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), (#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. As per the terms of the contract, because the payment was less than the total accrued finance charges, his payment was allocated entirely to the finance charges, leaving a balance of $33.17 in unpaid finance charges. Defendant Exeter Finance LLC's answer due December 3, 2021. Provisions in contracts which allow the recovery of attorney fees in suits to "enforce a contract" are narrowly construed. A time price differential is not interest. 2701 E Grauwyler Rd bldg 1. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. Upon receipt, the summons will be issued and returned electronically. COURTNEY CARR, ET AL. Heres the next step in their evolution, Champ: The history of titling and the cost of human error. Exeter filed a denial and special exceptions. Success of Lawsuit Challenging ICE Records Disposition (March 2021) AHA Letter Expressing Concern over John Carroll University Policy Permitting Elimination of Tenure (March 2021) (March 2021) Claremont, California Postdoctoral Research Scholar, Firms and Antitrust. Code 84.201(b), (d)(3)(A) (Office of Consumer Credit Comm'r, Time Price Differential). 4. Haig: Buy-Sell Q&A: What is the value of an M&A advisor? However, the applicable laws do not fit so neatly into one box. See 7 TEX. Mailed notice (ef, ) (Entered: 09/23/2021), (#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), (#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. This matter was handled in the AGs Office by staff of the AGs Insurance and Financial Services Division, including Peter Leight, Burt Feinberg, Matt Frank, Tim Hoitink, Maggie Wallace, Jessica Nario, Arwen Thoman, Erin Morris, and Division Chief Glenn Kaplan. To protect your personal information from unauthorized access and use, we use security measures that comply with 2:23-CV-00337 | 2023-02-24, U.S. District Courts | Finance | On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. Designated as Magistrate Judge the Honorable Jeffrey Cole. ADMIN. 107, Fort Worth, TX 76164, for appellee. Get 24/7 access to in-depth, authoritative coverage of the auto industry from a global team of reporters and editors covering the news thats vital to your business. Suggestions are presented as an open option list only when they are available. If you do not agree with these terms, then do not use our website and/or services. If a stipulation of dismissal is received before the next status hearing, the hearing will be stricken. The public and media representatives may have access to the hearing via the same number. (Plati, Michael) (Entered: 07/08/2021), (#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. In his final point of error, Murphy contends that the trial court erred in awarding Exeter attorney fees. Case assigned to Judicial Officer Bacal, Katherine. Public Records Policy. (arut) (Entered: 10/07/2021). If the seventy-two scheduled payments of $399.12 were made in full and on time, the principal would slowly decrease, which under the above formula, would result in a lower daily finance charge each successive month. 1:21-CV-01488 | 2021-03-18, U.S. District Courts | Finance | Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. If a stipulation of dismissal is received before the next status hearing, the hearing will be stricken. A lock icon ( Choose your news we will deliver. Share sensitive information only on official, secure websites. She said many of the consumers hurt by those lending practices livein cities including Springfield, Boston, Worcester and Brockton. , 412 S.W.3d at 742. (arut) (Entered: 10/07/2021), Docket(#1) COMPLAINT against Exeter Finance LLC, Primeritus Financial Services Inc, John Does I-X (Filing fee $402 receipt number 0420-10110894. Summons for Primeritus Financial Services, Inc. (#6) First MOTION for Extension of Time by Exeter Finance LLC. Murphy failed to pay the scheduled September 5, 2014 payment. Add an additional 3 days only if served by mail or otherwise allowed under Fed. Filing fee $ 402, receipt number 0752-18366584. 7 TEX. DocketCivil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. WebIf you need to contact Exeter, you may call us at our main telephone number (toll free): (800) 321-9637. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. Pitts v. Fifth Third Bank, National Association et al. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. 2003) ; Rhine v. Priority One Ins. The settlement also requires CAC to make changes to its loan handling practices. That decision is a question of law which we review under a de novo standard. 348.104(d) (West 2016); 7 TEX. Boston A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans for Massachusetts car buyers, Attorney General Maura Healey announced today. (Plati, Michael) (Entered: 07/08/2021), DocketSUMMONS Issued as to Defendants Equifax Information Services, LLC, Exeter Finance, LLC, Experian Information Solutions, Inc. (crl, ) (Entered: 06/25/2021), Docket(#3) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Syed Haseeb Hussain (Hussain, Syed) (Entered: 06/17/2021), DocketCASE ASSIGNED to the Honorable John F. Kness. Last year, Exeter Finance. Thank you for your website feedback! Mailed notice(ef, ) (Entered: 10/19/2021), Docket(#32) Notice of Settlement by Dennis J. Henderson as to Defendant Equifax Information Services, LLC (Plati, Michael) (Entered: 09/29/2021), Docket(#31) MINUTE entry before the Honorable John F. 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