Honda Finance says suit should be dismissed due to lack of contract

American Honda Finance Corporation, which is named in a Troy man’s lawsuit against his ex-girlfriend and others, is asking for the case to be dismissed.

Andrew Harold Schmitt is suing a former girlfriend for allegedly using his identity to empty his bank account and buy a car without his consent.

Schmitt filed suit April 11 in Madison County Circuit Court against Melissa Turner, US Bank, American Honda Finance Corporation (AHFC) and Bommarito North County Inc., formerly known as Bommarito Honda Inc.

United Recovery Systems LP and Monarch Recovery Management are also named defendants.

Schmitt says he dated Turner in 2011. According to the complaint, in August 2011, Turner took Schmitt’s social security number and obtained debit card privileges for his US 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 Honda taken out in Schmitt’s name.

Honda filed a motion to dismiss June 14, arguing that a retail installment contract was not attached to the complaint, as required by state law.

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 vehicle.

US Bank responded to the lawsuit May 22, stating that to the extent the plaintiff asserts any charges to his account were unauthorized, the plaintiff failed to timely review his account activity and notify it of allegedly unauthorized charges, so the plaintiff is now precluded from challenging such charges.

Schmitt is represented by attorney David M. Duree of O’Fallon.

Mike Bartolacci of Thompson Coburn in St. Louis represents U.S. Bank.

Brian McGovern of Chesterfield represents Bommarito North County.

Bruce S. Terlep of Swanson, Martin & Bell in Lisle, Ill. represents American Honda Finance Corporation.

The case is assigned to Madison County Circuit Judge William Mudge.

Madison County Circuit Court Case No. 13-L-585