Hylla sets CMC in man's case against debt collector

Christina Stueve May 2, 2012, 11:33am


Madison County Circuit Judge David Hylla on April 27 set a case management conference for June 29 in a Madison County man's case against a debt collector.

Plaintiff Luther Calvert sued Santander Consumer USA in August, claiming Santander pounded doors in his apartment building, disturbing the peace and publicizing his financial difficulties.

The plaintiff and defendant Santander appeared by counsel on April 27 before Hylla.

Defendant Santander's judgment against third party defendant American Recovery Service was to be set up after the plaintiff and Santander's claims have been adjudicated, according to an order written by Hylla on April 27.

American Recovery Services, a debt collector, filed an amended answer and affirmative defenses to the lawsuit against it on April 20.

Calvert claims American Recovery Services violated the law when it repossessed his vehicle after he made a late payment.

Santander responded by saying that no Santander employee, agent or representative participated in the repossession of the vehicle.

The company buys retail installment contracts executed by purchasers of new and used motor vehicles and serves as a third-party servicer for other companies' auto loan/retail installment contract portfolios, according to American Recovery Service's amended answer and affirmative defenses to the complaint.

Santander previously purchased Calvert's account with the original lender relating to the subject matter retail installment contract and motor vehicle, the document stated.

Calvert allegedly failed to make all required payments to Santander and his original lender for the vehicle.

Santander retained an independent contractor repossession company to locate and foreclose Santander's security interest in the vehicle, according to the amended answer.

The vehicle was possessed Aug. 18, 2010 by Santander's independent contractor repossession company, the answer states.

Santander, incorrectly sued as Santander Consumer USA, requests the court to enter a judgment in its favor, and against Calvert.

Robert E. Ryan of Alton represents Calvert.

David J. Frankel and Kathleen M. Haggerty of Sorman & Frankel in Chicago represent Santander.

Madison County Circuit Case Number: 11- L-797.

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