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.
Persons who’ve been sued by
Autovest is one of the “bottomfeeders” we’ve been writing about. It specializes in purchasing defaulted automobile retail installment sales contracts. A while back it purchased a large Portfolio of defaulted retail credit contracts from Wells Fargo and has been feverishly suing consumers on those obligations ever since. However, it ignores the fact that many of the debts its sues on are time-barred by virtue of the statute of limitations. States that have adopted the Uniform Commercial Code, through statute in each state, limit the bringing of any claim which involves the sale and financing of goods to 4 years from the date of default. The date of default is safely calculated from 30 days after the date the consumer has made his or her last payment on the account. A convenient strategy which this company and its lawyers use is to conceal the true nature of these obligations by falsely referring to them as suits on a “promissory note” as if these were loans made directly to consumers by Wells Fargo. They should be referred to correctly as suits on retail installment contracts. However, in this way they believe they can do an end-run around the 4 year statute and invoke much longer statute of limitations. A huge number of these suits should never have been filed and the lawfirms which Autovest retains to file these suits knows this. They rely on the ignorance of consumers concerning this fact to take a huge number of default judgments. The major offender and usual suspect is, of course, the lawfirm of Levy & Associates who we’ve written so prominently about. In spite of the fact that there is a class action lawsuit pending in the S.D. Ohio (Cincinnati) Brittany Folchi, et al. vs. Autovest, which addresses this issue, the Levy firm goes right-on filing these time-barred suits as if nothing has happened.
If you happen to have been sued by Autovest between February 12, 2012 through the present date which suit is pending or has been dismissed without prejudice as to refiling, please contact this office. UNDER NO CIRCUMSTANCES ALLOW A DEFAULT TO BE ENTERED AGAINST YOU.
|Kirschenbaum, Phillips & Levy PC.
formerly Levy & Associates & Yale R. Levy
|Anything that this operation is involved
is likely to stink and you should contact us
for a free evaluation to see if we can help you.
Be careful! You are likely to be screwed at any of the many Jeff Wyler Dealerships in the Greater Cincinnati Northern Ky area. However, if you discover that too late, please call us. Over the years, we have sued this operation more than any other dealership and have been successful almost 100% of the time.