Stivers v. Credit Acceptance Corporation

Case Number CV2015-631 III

Circuit Court of Garland County, Arkansas


If A Default Judgment Was Entered Against You And In Favor Of Credit Acceptance Corporation By An Arkansas Court, A Class Action Settlement Could Affect Your Rights.

A proposed Settlement has been reached in a class action alleging that Credit Acceptance Corporation obtained Default Judgments that are invalid under Arkansas law. The Settlement will provide payments and/or credits to Arkansans who had a Default Judgment entered against them and in favor of Credit Acceptance after receiving an allegedly defective Summons. If you qualify, you must submit a Claim Form to receive any of the Settlement’s benefits.

CLASS DEFINITION

ALL ARKANSAS RESIDENTS WHO, SINCE JANUARY 1, 2004, WERE (1) DEFENDANTS TO A DEBT-COLLECTION CIVIL ACTION FILED BY CREDIT ACCEPTANCE CORPORATION IN AN ARKANSAS COURT, (2) WHEREIN A SUMMONS WAS ISSUED INCORRECTLY ADVISING THE DEFENDANT THAT AN INCARCERATED PERSON MUST FILE AN ANSWER WITHIN 30 DAYS, AND (3) WHERE THE DEFENDANT HAD A DEFAULT JUDGMENT ENTERED AGAINST HIM OR HER AND IN FAVOR OF CREDIT ACCEPTANCE. EXCLUDED ARE THE PRESIDING JUDGE AND HIS IMMEDIATE FAMILY MEMBERS, ANY EMPLOYEE OR AGENT OF CREDIT ACCEPTANCE, AND ANY CLASS MEMBER WHO TIMELY “OPTS OUT” OF THE CLASS OR IS CURRENTLY A DEBTOR IN AN ACTIVE BANKRUPTCY.

DESCRIPTION OF THE LAWSUIT

The notice explains the Settlement of a class action lawsuit that claims that Default Judgments against members of the Class and in favor of Credit Acceptance are void because the Summonses directed to the defendants stated an incorrect amount of time for an incarcerated defendant to respond to the complaint. The Settlement Agreement has been preliminarily approved by the Court.

PLEASE TAKE NOTICE THAT on July 14, 2016, in the Garland County Courthouse, Judge Lynn Williams, Division 3 Courtroom, Room 203, 501 Ouachita Avenue, Hot Springs, Arkansas 71901 at 9:30 a.m, a Final Approval Hearing will be conducted to determine whether to grant final approval to the Settlement Agreement, consider any timely objections to the Settlement, rule on the application for a fee and cost award submitted by attorneys for the Class in this Action, and rule on the application for an incentive award to the Class Representatives.

No benefits will be provided until after the Settlement has become Final.

READ THE NOTICE CAREFULLY. You may be entitled to share in the proceeds of the Settlement. Your rights to a credit or monetary award may be affected.

This is not a lawsuit against you. You are not being sued. This is a notice of proposed class action Settlement. In the notice, you are being told about the features of the proposed Settlement and asked to decide whether you would like to participate in this Settlement, oppose it, or exclude yourself from it.

Important Dates and Documents: 
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Dates

June 24, 2016 - Written request for Exclusion must be postmarked by this date.

June 30, 2016 - Written Objection must be filed with the Clerk of the Court and mailed to Class Counsel and Credit Acceptance’s attorneys by this date.

July 14, 2016 9:30 A.M. - Fairness Hearing

September 22, 2016 - Claim Form must be postmarked by this date (if sent by mail), or filed on-line by this date.

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