173.254.243.202 Irving. On August 12, 2014 (seven days after his scheduled payment as set out in the contract was to be made), Murphy paid $400.00. App.Austin 2004, no pet.). During our analysis, "we review the evidence in the light most favorable to the non-movant, credit evidence favorable to that party if reasonable jurors could, and disregard contrary evidence unless reasonable jurors could not." In his first three points of error, Murphy contends that the trial court erred in granting Exeters no-evidence motion for summary judgment as to his claims of usury, claimed violations of the DTPA, and allegations that Exeter had breached the contract. Reflector Series Accordingly, we overrule this point of error and affirm the trial courts judgment granting Exeters no-evidence motion for summary judgment as to Murphys usury claim. However, as detailed hereinabove, Murphy has produced no evidence of probative force that Exeter charged Murphy interest, assessed him finance charges in excess of the rates agreed to in the contract or the statutory rates of Chapter 438 of the Finance Code, or allocated Murphys payments in a manner that violated either the contract or Texas law. 2:23-CV-00337 | 2023-02-24, U.S. District Courts | Finance | Cancellation and Refund Policy, Privacy Policy, and Wal-Mart Stores, Inc. v. Rodriguez , 92 S.W.3d 502, 506 (Tex. 2022-10-11, Los Angeles County Superior Courts | Contract | In 2019, she reached a $5.5 million settlement with Exeter Finance for its alleged role in financing unfair subprime auto loans. That decision is a question of law which we review under a de novo standard. The petition also named Excel as a defendant, but Murphy later nonsuited his claims against Excel, leaving Exeter as the sole defendant. 7 TEX. AG Claims Company Misled Investors, Sold Unfair and Illegally High Interest Loans and Engaged in Illegal Debt Collection Practices. Filed By: Garcia, Julian (Plaintiff). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. R. Civ. The motor vehicle installment contract Murphy entered into is governed by Chapter 348 of the Texas Finance Code. 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. Plaintiff Attorney: Joseph Angelo. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. Provisions in contracts which allow the recovery of attorney fees in suits to "enforce a contract" are narrowly construed. Pitts v. Fifth Third Bank, National Association et al. Exeter did not seek in this suit to repossess the vehicle, failed to bring a counterclaim or other cause of action against Murphy for breach of contract, and sought no damages or other relief from Murphy that would provide a contractual basis for the award of attorney fees. ISSN 1557-7686 (online), Fixed Ops Journal Each party is to bear its own fees and costs. R. Crim. 7:21-CV-00126 | 2021-07-12, U.S. District Courts | Contract | 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). You have a legal right to request debt validation on an alleged debt. See TEX. (blflc4S, COURT STAFF) (Filed on 7/26/2018), STIPULATION WITH PROPOSED ORDER (for dismissal of Defendant Experian Information Solutions, Inc.) filed by Seely Moore. Refers to: Exeter Finance LLC, Original Summons filed by Garcia, Julian. The stipulation is signed by both Plaintiff and Experian. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. Use this button to show and access all levels. 2022-12-30, Manatee County Courts | Contract | Because loan rates ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. Previously, the AGs Office secured $22 million from Santander for its role in financing subprime auto loans. ), filed by Jennifer Bradley. Similarly, Murphys affidavit is not evidence of sufficient probative force to raise a fact issue on any material question, because the terms of the contract specify that payments will first be allocated to accrued but unpaid finance charges with any remainder being allocated to the principal. The attorneys affidavit claimed "that the attorneys fees and expenses in the amount of $5,550.00 is a reasonable fee for the services rendered in pursuing this claim" and that. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Please let us know how we can improve this page. High/Low/Average 1 - 1 of 1 Listings. The AGs lawsuit noted that while the company profited from these loans, borrowers experienced credit harm, and, in some instances, lost their vehicles or down payments. Signed by Judge Beth Labson Freeman on 10/31/2017. denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. 1996). Each party is to bear its own fees and costs. An Exeter spokeswoman told Automotive News the company is "pleased to have resolved this matter.". Haig Partners: Dealership consolidation trends, Haig Partners: Dealership valuation trends, Haig Partners: Dealership succession planning, Ally: Navigating the future of automotive retailing, Google: How a century-old brand is transforming the auto industry. If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. A time price differential is not interest. On 11/12/2021 Garcia filed a Contract - Other Contract lawsuit against Exeter Finance LLC. CODE 84.201(d)(2)(B)(iii). A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. Exeter Finance LLC et al On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. This case was filed in U.S. District Courts, South Carolina District Court. The Judge overseeing this case is Timothy M Cain. The case status is Pending - Other Pending. (#6) First MOTION for Extension of Time by Exeter Finance LLC. 2. This company made unaffordable and illegal loans to borrowers, causing them to fall into thousands of dollars of debt and even lose their vehicles, said AG Healey. Murphys petition contends that Exeter committed usury, violated the DTPA, and breached the contract by charging him interest over and above the 20.6% agreed to in the contract and by applying his payments primarily or entirely to accrued interest rather than his principal balance. Jury Trial set for 4/1/2019, 4/2/2019, 4/3/2019, 4/4/2019, 4/5/2019, 4/8/2019, 4/9/2019, 4/10/2019, 4/11/2019 and 4/12/2019 09:00 AM before Judge Beth Labson Freeman.Signed by Judge Beth Labson Freeman on 11/16/2017. This website is using a security service to protect itself from online attacks. Fair Debt Collection Practices Act (FDCPA) - 15 USC 1692, (#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), (#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), (#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), (#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), (#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. 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Therefore, even granting all inferences in Murphys favor, we find that the statement of account, Murphys listed calculations, and his affidavit fail to present any evidence of probative value to support his usury claim against Exeter. Participants are directed to keep their device muted when they are not speaking. Canada Animals Canada Apple News Canada Apps & Smartphones Canada Arts Canada Business News Canada Cars News Canada Celebrity Canada Christian News This case was filed in San Diego County Superior Courts, Central More:Marshfield mom tried to raise money for a wheelchair ramp. The AGs Office worked collaboratively with the Delaware Attorney Generals Office on this investigation. A lock icon ( Twelve-million dollars of Long's settlement was for mental suffering, loss of enjoyment of life and emotional distress. Id. 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. DocketCivil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. Murphy does not argue that the contract itself or the contract-specified finance rate of 20.6% is usurious. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 (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. Under the contract signed by Murphy, he was not charged interest, but rather, a time price differential (a daily finance charge in addition to the principal) of $12.50 per $100.00 per year on the principal balance which, over seventy-two months, is the equivalent of the 20.6% annualized percentage rate specified in the contract. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. CODE 84.201(d)(2)(B)(iii) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). This assurance of discontinuance, filed in Suffolk Superior Court, includes $4.675 million that will be available to provide relief to harmed borrowers and an $825,000 payment to the state. 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). ( Filing fee $ 400 receipt number 0538-4221558) If the complete state DocketCase assigned to Judicial Officer Bacal, Katherine. P. 45. You can unsubscribe at any time through links in these emails. R. Civ. See 7 TEX. Exeter Finance LLC Pursuant to an Assurance of Discontinuance in April 2019, Exeter Finance LLC will pay more than $5.5 million for its role in allegedly financing unfair, sub-prime auto retail installment sale contracts in Massachusetts. Box 189, Longview, TX 75606, for appellant. 1:21-CV-01488 | 2021-03-18, U.S. District Courts | Finance | This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, resulting in a total finance charge of $12,406.64 if all payments were timely and fully made, for a total sales price of $29,736.64. On December 29, 2016, Murphy filed suit against Exeter alleging that Exeter demanded, charged, and/or received usurious interest. No proposed order. Murphy will defeat Exeters no-evidence summary judgment motion if Murphy presented more than a scintilla of probative evidence on each element of its claim. Exeter Finance LLC answer due 3/30/2020. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Designated as Magistrate Judge the Honorable Jeffrey Cole. Corp., 558, Full title:ROBYN DALE MURPHY, JR., AKA ROBIN DALE MURPHY, JR., Appellant v. EXETER, Court:Court of Appeals Sixth Appellate District of Texas at Texarkana, Robyn Dale MURPHY, Jr., aka Robin Dale Murphy, Jr., Appellant v. EXETER FINANCE CORP., Appellee. WebTo file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about. If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. You can email the site owner to let them know you were blocked. (Entered: 10/16/2017), OPPOSITION/RESPONSE (re 21 MOTION to Dismiss ) filed bySeely Moore. The feedback will only be used for improving the website. (arut) (Entered: 10/07/2021), U.S. District Courts | Finance | v. TH Healthcare, Ltd. , 412 S.W.3d 738, 742 (Tex. VS MVCONNECT, LLC, ET AL. (Gale, Elliot) (Filed on 7/19/2017) (Entered: 07/19/2017), COMPLAINT against Exeter Finance Corp., Experian Information Solutions, Inc ( Filing fee $ 400, receipt number 0971-11560554.). FIN. Sign up or sign in to contribute one. Court of Appeals Sixth Appellate District of Texas at Texarkana. Dynegy Midstream Servs., Ltd. Pship v. Apache Corp. , 294 S.W.3d 164, 168 (Tex. NO FURTHER WRITTEN ORDER SHALL ISSUE. See Fazio , 403 S.W.3d at 398 ; Oat Note, Inc. , 141 S.W.3d at 28081. This matter was handled by Burt Feinberg, Peter Leight, Diana Hooley, David Lim, Madonna Cournoyer, Michael Sugar, Leah MacArthur, and Glenn Kaplan, with assistance from Arwen Thoman, Amanda Hesse, Lilia DuBois, Maggie Wallace, Gia Kim, and Rebecca Dutra, all from the Attorney Generals Insurance and Financial Services Division. Fair Credit Reporting Act (FCRA) - 15 USC 1681 Box 189, Longview, TX 75606, for appellant. (Ellis, Bernie) (Entered: 12/03/2021), (#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. See Tex. Cancellation and Refund Policy, Privacy Policy, and 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 7:23-CV-00019 | 2023-02-24, U.S. District Courts | Finance | Co. v. Joachim , 315 S.W.3d 860, 862 (Tex. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The AGs Office alleges that Exeter facilitated the origination of Massachusetts auto loans that the company knew or should have known were unfair and in violation of the state Consumer Protection Law. 348.104(d) (West 2016); 7 TEX. (Ellis, Bernie) (Entered: 11/11/2021), (#9) ANSWER to #1 Complaint by Exeter Finance LLC. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. There may be more specific results for "exeter finance" For more specific results for "exeter finance" Showing 1-25 of San Diego California . The public and media representatives may have access to the hearing via the same number. P. 45. (This is a text-only entry generated by the court. Mailed notice (ef, ) (Entered: 09/23/2021), Docket(#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), Docket(#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. Some page levels are currently hidden. "More than a scintilla of evidence exists when the evidence rises to a level that would enable reasonable and fair-minded people to differ in their conclusions." (kmca) (Entered: 11/16/2021), Docket(#6) First MOTION for Extension of Time by Exeter Finance LLC. ISSN 2576-1064 (print) 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. Some page levels are currently hidden. LEXIS 194739, 2017 WL 5716756 (D. Md. Please remove any contact information or personal data from your feedback. ADMIN. Westlake Financial Services, American Credit Acceptance, Contact the Attorney General's Office at (617) 727-2200, In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender. EXETER FINANCE LLC, A LIMITED LIABILITY COMPANY vs WILLIAMS, DUNN v. EQUIFAX INFORMATION SERVICES LLC et al, Aycock v. JPMorgan Chase Bank, N.A. This case was filed in U.S. District Courts, Illinois Northern District. 4. Magistrate Judge Howard R. Lloyd no longer assigned to the case. 8:16-cv-565-TDC, ECF No. Add an additional 3 days only if served by mail or otherwise allowed under Fed. The whistleblower suit alleges that Suggestions are presented as an open option list only when they are available. (blflc1S, COURT STAFF) (Filed on 1/29/2018), ORDER FOR DISMISSAL OF FCRA CLAIMS (granting 34 ). Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. In his final point of error, Murphy contends that the trial court erred in awarding Exeter attorney fees. In its statement, the Massachusetts attorney general's office also accused Exeter of violating debt collection regulations through mishandling servicing and collection of auto loans. Fin. VS MVCONNECT, LLC, ET AL. The other $1.8 million was for future emotional and physical damages. Because his payment exceeded the accrued finance charges, $39.50 was allocated to the principal balance ($140.00 - $100.50 = $39.50), reducing the principal from $16,188.30 to $16,148.80, this reducing the daily finance rate to $9.114117 ($16,148.80 x 20.6% = $3,326.6528 365 = $9.114117). Yes, I'd like to receive email communications on editorial features, special offers, research and events and webinars from Automotive News. This page is located more than 3 levels deep within a topic. (tshS, COURT STAFF) (Filed on 11/16/2017) (Entered: 11/17/2017), Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 11/16/2017.Total Time in Court: 08 Minutes. That examination reveals the following: 1. WebI financed a car with Exeter October 2021, ( today is February 2022 ), I been trying to make a payment online for a few days now and it wouldnt go through, so I finally called today and they told me my act was closed! Public Records Policy. 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