Ford Motor Credit brings lawsuits against Iowans after car repossessions. Kevin Abbott of Wetsch, Abbott, Osborn, Van Vliet & Pech frequently represents Ford Motor Credit.
Iowa consumers nearly always have valid defenses to these lawsuits, or at the very least, the lawsuits can be settled for less than the amount demanded in payments while avoiding a credit ruining judgment. Calling Ford Motor Credit’s attorney directly is generally not a wise move. Consumers who do that frequently end up with judgments against them and they disclose information such as where they work and how much they make. Of course, that information can and does lead to a wage garnishment.
Defenses to auto repossession lawsuits include the failure to send proper notices such as a right to cure notice, a breach of peace or police assistance during the repossession, defenses against the seller of the vehicle such as breach of warranty or selling a defective or previously wrecked vehicle that can be asserted against the lender, or the failure to sell the vehicle in a commercially reasonable manner, resulting in the consumer being asked to pay far more than he should be liable for.