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MADISON - ST. CLAIR RECORD

Saturday, May 4, 2024

Mother claims dealership illegally repossessed car, caused terminally ill child to miss medical appointments

Lawsuits

BELLEVILLE — A single mom claims an auto dealership illegally repossessed a vehicle she owed nothing on, which caused her terminally ill child to miss medical appointments. 

Miki Brewer filed a complaint July 30 in the St. Clair County Circuit Court against St. Clair Nissan Inc., doing business as Auffenberg Nissan and Auffenberg Dealer Group Inc., doing business as Auffenberg Dealer Group of Illinois, alleging violation of the Illinois Consumer Fraud Act and conversion. 

According to the complaint, Brewer, a single mother whose child is suffering from terminal brain cancer, purchased a 2011 Chevy Malibu from Affenberg Nissan. She allegedly paid the full $5,703 purchase price for the car and received a certificate of title. Brewer claims that on July 23,  Affenberg Nissan illegally seized her car for no reason. She allegedly owes no payments for the vehicle and was issued a "full and clear title" for the vehicle. 

Brewer also claims that at the time of the repossession of her car, Illinois had an executive order in "full force" that banned repossession of vehicles due to the COVID-19 pandemic. 

Brewer alleges that due to Auffenberg's illegal and unwarranted repossession of her car, her sick child missed critical medical appointments. 

Brewer seeks monetary relief of more than $50,000, trial by jury and all other just relief. She is represented by David Duree of David M. Duree & Associates PC in O'Fallon. 

St. Clair County Circuit Court case number 20-L-0572 

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