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Use of this web page is not intended to and does not establish any attorney-client relationship between the user and the Law Offices of Steven C. Shane. Do not send any confidential documents to the firm without first obtaining permission to do so from one of the firm's personnel. We are trying to provide information helpful to consumers, including legal information. However, you cannot rely on this information as legal advice.

 

This is general information; not advertising, solicitation, or legal advice. If you have a legal question, please contact a lawyer in your state to protect yourself. Do not rely on anything you read here, especially in lieu of contacting a lawyer directly. Every case is different, and every case turns on its own individual facts.

Current Cases

 

 

Brittany Folchi, on behalf of herself and all similarly situated persons vs. Autovest, LLC.

Autovest is a bottom feeding debt buying company which, a while back, purchased a large portfolio of debt from Wells Fargo. This debt consists mostly of defaulted retail installment sale credit for the purchase and financing of automobiles. Upon purchasing this portfolio Autovest has, at least in the state of Ohio, filed countless lawsuits to recover monies supposedly owed to Wells Fargo on deficiency balances allegedly created after Wells Fargo repossessed and sold vehicles secured by these retail installment sale contracts. The problem for Autovest is that default occurred on many of these obligations for which it sued more than 4 years previous to their filing. In Ohio the statute of limitations bars the filing of suits on such transactions after 4 years. As such Autovest is not entitled to these deficiencies and should not be entitled to bring these collection actions. The filing of time-barred suits is, at minimum, a violation of the Fair Debt Collection Practices Act. Autovest and the attorneys and lawfirms its hires to file these collections suits believe they have figured out a clever way of avoiding the 4 years statute of limitations. By describing and treating these tranactions as loans instead of assignments of retail credit obligations, they believe they can apply Ohio's more punitive statute of limitations which is 15 years on a written contract. They know better.

This firm has brought a class
action suit on behalf of Brittany Folchi against Autovest in federal court in Cincinnati, Ohio. The suit, at this point, alleges that Autovest has violated the FDCPA by filing countless time-barred suits. The alleged class consists of all persons who were sued between February 12, 2014 and the present date who defaulted on these obligations more than 4 years from the date these suits were filed. IF YOU ARE ONE OF THESE PERSONS WE WOULD LIKE TO HEAR FROM YOU.

 
 
 

 

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Steven C. Shane
Attorney-at-Law
606 East Ninth Street, Newport, Kentucky 41071
Mail:
Steven C. Shane
P.O. Box 73067
Bellevue, Kentucky 41073
Telephone
Local: (859) 431-7800
Toll Free: (800) 573-4387
FAX: (859) 431-3100