A credit company has refused to release a certificate of title to a Bethalto couple who filed for bankruptcy, according to a recently filed putative class action complaint.
Michael and Kari Clark filed a lawsuit March 12 in the Madison County Circuit Court against Nuvell Credit Company.
In their complaint, the Clarks allege they purchased a vehicle at the Don Brown Chevrolet dealership in St. Louis on Sept. 15, 2004. They financed the vehicle through Nuvell. Years later, on Aug. 7, 2009, the Clarks filed Chapter 13 bankruptcy, which paid off the remaining money the Clarks owed on the vehicle except for a $1,500 difference in interest between the sales contract and the Chapter 13 payment plan, according to the complaint.
On Jan. 30, 2014, the Clarks received a discharge in their Chapter 13 bankruptcy, which discharged the $1,500 owed in interest, the suit states. However, they have not been provided with a release of security interest or a certificate of title, even though more than 21 days passed since the lien was satisfied, the complaint says.
The Clarks claim Nuvell Credit Company has treated other people the same way. In turn, they are asking the court to certify their complaint as a class action lawsuit and are seeking actual damages of more than $50,000, attorneys’ fees and other relief the court deems just.
They are being represented by Shari L. Murphy of The Law Offices of Shari L. Murphy in Wood River.
Madison County Circuit Court case number 14-L-399.