Highway To The Danger Zone: Automotive Lending And SCRA
Law360, New York ( April 25, 2014, 12:14 PM EDT) -- In March 2013, Carl Nuss — a 75-year-old used car dealer from Birmingham, Ala. — received a letter from one of his customers, requesting that Nuss reduce the customer's interest rate to 6 percent since the customer was overseas with the military.[1] Instead, because the customer was thousands of dollars behind on his car payments, Nuss repossessed and sold the car, as permitted under the contract.[2] Two months later, Nuss was indicted on two counts of violating the Servicemembers Civil Relief Act[3] — first for failing to reduce the customer's interest rate, and second for repossessing the vehicle without a court order while the customer was on active duty.[4] Each count is punishable by up to one year in jail and a $100,000 fine.[5] On June 27, Nuss pled guilty to both SCRA violations.[6]...
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