Press Releases

Of Counsel Obtains Summary Judgment

Posted by Charles R. Bailey | Jun 18, 2019 | 0 Comments

Bailey & Wyant, PLLC Of Counsel Albert C. Dunn, Jr. defended a lawsuit brought by a Plaintiff who purchased a car from a Beckley Dealership and financed that car through Ally Financial.  The Plaintiff defaulted on the auto loan and Ally assigned the account to F5 Investigations to repossess the car.  Plaintiff sued both Ally and F5 after F5 attempted to repossess the car which was refused because Plaintiff had counsel.  

Plaintiff's counsel contended that F5 engaged in improper debt collection activities in association with the attempted repossession of the car and that both Ally and F5 were liable for damages under the WV Consumer Credit Protection Act.  Mr. Dunn filed a Motion for Summary Judgement as to these alleged debt collection claims contending that F5 was not a debt collector and that its attempt to repossess a car that was collateral for a secured auto loan was not debt collection.   The Court applied the definitions of the applicable terms under the CCPA and agreed; dismissing the claims against both Ally and F5.

About the Author

Charles R. Bailey

Managing Member 304-345-4222 [email protected] Download Vcard About Charles R. “Chuck” Bailey is the Managing Member of the Charleston office of Bailey & Wyant, PLLC. He currently serves as general counsel for the Central West Virginia Regional Airport Authority, which operates Yeager ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Need help for Real Estate Law?

Bailey & Slotnick, providing superior legal services in Real Estate Law for clients throughout West Virginia.

Contact Us Today

Bailey & Wyant, PLLC is committed to answering your questions about business defense legal issues throughout the state of West Virginia.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Charleston Office
500 Virginia Street East, Suite 600
Charleston, WV 25301
Wheeling Office
1219 Chapline Street
Wheeling, WV 26003
304.233.0201 (fax)
1 more location