Anne Bucher  |  June 16, 2016

Category: Closed Class Actions

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This settlement is closed!

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Credit Acceptance Corporation

A settlement has been proposed in a class action lawsuit alleging Credit Acceptance Corporation obtained default judgments that are invalid under Arkansas law. If a default judgment was entered against you in favor of Credit Acceptance Corporation by an Arkansas court, you may be entitled to benefits from this class action settlement.

If approved, this proposed settlement would resolve a class action lawsuit filed by plaintiffs Jerry Stivers and Bessie Stivers, who claim that Credit Acceptance sent summonses that listed an incorrect amount of time for an incarcerated defendant to respond to the debt collection lawsuit.

According to the Credit Acceptance class action lawsuit, the summonses indicated that incarcerated defendants had 30 days to file a written answer. However, under Arkansas law, incarcerated defendants have up to 60 days to file an answer. The plaintiffs claim these summonses should be set aside as void and assert that Credit Acceptance should provide restitution to Class Members from whom they collected money.

Credit Acceptance denies any wrongdoing but agreed to settle the improper debt collection class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Class Members who wish to opt out of the Credit Acceptance settlement must submit a written request for exclusion, postmarked no later than June 24, 2016. If you wish to object to the Credit Acceptance class action settlement, you must do so no later than June 30, 2016.

Who’s Eligible

Class Members of the Credit Acceptance settlement include “all Arkansas residents who, since January 1, 2004, were (1) defendants to a debt collection civil action filed by Credit Acceptance in an Arkansas court, (2) wherein a Summons was issued incorrectly advising the defendant that an incarcerated person must file an answer within 30 days, and (3) where the defendant had a Default Judgment entered against him or her and in favor of Credit Acceptance.”

Potential Award

$1,000.

Under the terms of the Credit Acceptance settlement, Class Members who file timely and valid Claim Forms will be entitled to a credit of $1,000 to be applied to the amount owed under the Default Judgment in favor of Credit Acceptance.

If less than $1,000 is owed, credit will be applied to satisfy the Default Judgment and the remaining balance will be paid to the Class Member.

Proof of Purchase

N/A. If you received notice of the Credit Acceptance settlement in the mail, you must provide the Mail Notice ID number and Confirmation Code that was included in the notice.

If you did not receive a Mail Notice and you wish to submit your claim electronically, you must provide your Credit Acceptance account number. The Settlement Administrator will send you a confirmation code so you can securely submit a W-9 form with your Claim Form.

If you don’t know your Credit Acceptance account number, you must download a Claim Form, fill it out and mail it to the Settlement Administrator for consideration.

Claim Form

CLICK HERE TO FILE A CLAIM »

Class Members who would prefer mailing in their Claim Form, can download a printable version here! 

Claim Form Deadline

09/22/2016

Case Name

Stivers v. Credit Acceptance Corporation, Case No. CV2015-631 III, in the Circuit Court of Garland County, Arkansas

Final Hearing

07/14/2016

Settlement Website

www.SummonsSettlement.com

Claims Administrator

Stivers v. Credit Acceptance Corporation
Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103
1-888-868-4936

Class Counsel

Scott E. Poynter
STEEL WRIGHT & COLLIER PLLC

Defense Counsel

E.B. (Chip) Chiles
QUATTLEBAUM GROOMS & TULL PLLC

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18 thoughts onCredit Acceptance Corp. Default Judgment Class Action Settlement

  1. Amy Coley says:

    Credit acceptance is the worst. I was working with the AG in my state. They never contacted me they repoed my vehicle. They were the only company during the pandemic that did not offer a deferment

  2. Rebecca j says:

    How do I change the address in order to receive my settlement?

  3. Rachel says:

    This company is horrible and very misleading. How can we get this lawsuit opened back up.

  4. PAMELA PINKETT says:

    Credit Acceptance socks. I was 30 days behind and when I went to pay them, not only did they take that payment. The next day they hIt my debit card AGAIN!!! I thought its illegal to store debit #’s. B ow can they wait 24 hours and then perform an unauthorized transaction. Then they tried to tell me it was autopay. I never gave the company my debit card for autopay. They are takn advantage of people during a pandemic..

  5. Miguel says:

    I got repo they sold the car without notice also after one year the send a investigator from credit acceptance to my house he wants me to sign some paperwork and threat on me taken pictures of my house and saying if I don’t pay there going to put a lien at the house this company is the worse I don’t know how are in business

  6. Elymae123 says:

    They repoed my car after 9 days and then sold it before giving me the chance yo make the payment. Now I am being garnished for the loan amount. The car had been resold 5 days after they took it. No right to cure letter or anything. Very crooked company.

    1. ERIC says:

      Same here. We need to find a place online to get into this. I was garnished $900 a month for the amount of 7k over a car that was voluntarily turned over to them 10 years ago. I had no notice. My companies payroll signed off on it and then, the only notice was the day of the garnishment.

  7. Lisa A Ferris says:

    I have had my income taxes taken for i dont know how many years. I “thought” it would be paid off this year. But the statement i just got said the my husband now owes over 2000 dollars for the same debt. How can they charge us both for the sane vehicke???

  8. Tondelia Knox says:

    Help credit acceptance have repossessed my vehicle. And are Garnishing my wages and have taken my balance owed up to more than it should be anyone know a lawyer in Arkansas that can help me with this situation? It is too late for me to file a claim on the lawsuit that took place in 2016.

    1. Brandy says:

      They are doing this to me too! They need to be stopped. They are dishonest, rude and very unprofessional. I wish I’d never even heard of CAC.

  9. bek says:

    they contract with certain car lots and match you with the auto the one I was matched with is a piece of shit right from the start when I drove it to gas station and salesman followed to put gas in. first the air didn’t work second the gas cap wouldn’t come off third the key wouldn’t turn forth the heater worked when it wanted fifth there was exhaust fumes coming in cab 6th the door panel broken 7th sold with bald tires and spare bald and flat list goes on when brought to finance and dealer attention basically to bad for me I just asked credit acceptance if they would work with me on trading that truck to one of there other dealers they said just depends on what they gave me for trade when went to other dealer on there list they were surprised this truck was sold to me they would only give me 4500n for it and I owed 8800 I know when you drive off lot it depreciates but it had only been 3 months and credit acceptance wont help either so I quit making the payments the piece of shit wont start because of the key/anti theft the key wouldn’t turn so it locked me out and now its going to cost hundreds for it my credit ruined well I can only do so much to keep a truck running that costs me every month oh yeah the spark plugs no one told me it had to be taken in to dealer 500. to change them

  10. Cynthia says:

    I used CAC a few years back and our vehicle got totaled and they wanted to to keep making payments and threatened collections on me.

    1. Damiko says:

      If you had insurance it should have paid off any balance on vehicle that was owed and should have been less for early payoff amount

      1. Amy says:

        That is not true. They don’t necessarily pay the vehicle off. It depends what the car is worth and other factors. That is why a gap protection is sometimes also provided.

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