Andrea Dearden Apr. 24, 2013, 7:25am
A Troy man is suing a former girlfriend for allegedly using his identity to empty his bank account and buy a car without his consent.
Andrew Harold Schmitt filed a lawsuit April 11 in Madison County Circuit Court against Melissa Turner, U.S. Bank, American Honda Finance Corporation and Bommarito North County Inc., formerly known as Bommarito Honda Inc. United Recovery Systems LP and Monarch Recovery Management Inc. are also named as defendants.
Schmitt says he dated Turner for about four months from April to August 2011. According to the complaint, in August 2011 Turner took several pieces of Schmitt's identification, including his social security card, and used them to obtain debit card privileges for his U.S. Bank account. Turner then allegedly depleted Schmitt's account, charged additional purchases to it and left the account with a negative balance.
Turner is also accused of using Schmitt's name and social security number to buy a 2011 Honda Fit Sport from Bommarito Honda. She allegedly financed the vehicle with a loan from American Honda Finance Corporation taken out in Shmitt's name.
Schmitt claims he was unaware of the auto loan, the access to his bank account and the negative balance Turner allegedly created until agents of Bommarito Honda and American Honda Finance showed up at his home to repossess the Honda Fit Sport.
Schmitt says he contacted U.S. Bank and told them Turner was not authorized to use the account or obtain a debit card for the account. Instead of refunding the money that was wrongfully withdrawn as Schmitt expected, the complaint says, U.S. Bank allegedly notified the credit reporting agencies about Schmitt's unpaid account and hired Monarch Recovery Management to collect the debt.
Schmitt claims he filed an affidavit on a form provided by American Honda Finance stating he did not buy the car or agree to the loan contract. Bommarito Honda and American Honda Finance, however, also allegedly notified the credit reporting agencies of Schmitt's outstanding balance of nearly $9,000. According to the lawsuit, they also contracted with United Recovery Systems to recover the debt they claim belonged to Schmitt.
Schmitt alleges all the defendants knew Turner did not have access to his bank account and that he did not authorize the purchase of a car in his name. He accuses them of fraud and seeks more than $5.2 million in damages and court costs.
Schmitt is represented by attorney David M. Duree of O'Fallon. They ask for a jury trial.
Madison County Circuit Court Case No. 13-L-585