MOTION FOR SUMMARY JUDGMENT

XXX

XXX

XXX

XXX

XXX

XXX

 

Plaintiff in pro per

 

 

IN THE JUDICIAL COURT, PRECINCT 4 PLACE 2

XXX  COUNTY, XXX

 

 

XXX, Plaintiff, vs. CONCORDE AUTO ACCEPTANCE, Defendant(s)

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Case No .:XXX     PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

 

 

NOTICE OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

You are hereby notified that on [DATE], at [TIME], Plaintiff will bring on for hearing his Motion for Summary Judgment for the reasons stated in the attached Motion for Summary Judgment.

 

 

Dated:

 

 

Respectfully Submitted,

 

 

 

XXX,

Plaintiff in pro per

 

 

XXX

XXX

XXX

XXX

XXX

XXX

 

Plaintiff in pro per

 

 

IN THE JUDICIAL COURT, PRECINCT 4 PLACE 12

XXX COUNTY, XXX

 

 

XXX

, Plaintiff, vs. CONCORDE AUTO ACCEPTANCE, Defendant(s)

) ) ) ) ) ) ) ) ) )

Case No.: XXX     PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

 

MOTION FOR SUMMARY JUDGMENT

NOW COMES XXX, Plaintiff, and files this Motion for Summary Judgment against Concorde Auto Acceptance, Defendant, and for cause would show this Honorable Court as follows:

 

Plaintiff’s Statement of Material Undisputed Facts

1. On or around 24 June XXX, Plaintiff purchased a vehicle from the Defendant and financed the vehicle, a 2019 Mitsubishi Eclipse Cross ES.
2. Plaintiff paid a deposit of $6500 to secure the purchase.
3. Defendant repossessed Plaintiff’s vehicle without notice and without cause.
4. Defendant violated notification requirements under Sec. 9.611 & Sec. 9.612 & Sec. 9.613 & Sec. 9.614 of the Business and Commerce Code and no notifications of any action were sent to the defendant whatsoever.
5. Under Sec. 9.615 Plaintiff was entitled to the cash proceeds of disposition and no notice of accounting records were provided to Plaintiff Sec. 9.616.
6. Defendant did not offer Plaintiff a right to redeem as required by law, Sec. 9.623.
7. Under Sec. 9.625 Plaintiff seeks to recover additional damages because Plaintiff was required to seek alternative financing – loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.
8. Plaintiff was forced to obtain a new vehicle at a higher-than-average interest rate in order to work that resulted in a monthly payment of $1,303.88 since 11 March 2022 and seeks additional damages in the amount of $12,538.20 the amount Plaintiff has had to endure when forced to finance a different vehicle after Defendant’s actions against Plaintiff without cause.
9. Method of Calculation – the difference between the Plaintiffs new higher payment $1303.88 and the payment the Plaintiff was making with Defendant $468 for the last 15 months.
10. Defendant did not comply with Section 9.208 of the Business and Commerce Code and Plaintiff seeks additional damages in the amount of $500 as provided by law by failing to provide notice.
11. Defendant did not comply with Section 9.209 of the Business and Commerce Code and Plaintiff seeks additional damages in the amount of $500 as provided by law by failing to provide demand and sale accounting records to the Plaintiff.
12. Defendant did not comply with Section 9.513(a) or (c) of the Business and Commerce Code and Plaintiff seeks additional damages in the amount of $500 as provided by law by failing to provide termination statements to the Plaintiff.
13. Defendant did not comply with Section 9.616(b)(1) of the Business and Commerce Code and Plaintiff seeks additional damages in the amount of $500 as provided by law by failing to provide an explanation to the Plaintiff after the disposition.
14. Defendant did not comply with Section 9.616(b)(2)of the Business and Commerce Code and Plaintiff seeks additional damages in the amount of $500 as provided by law by failing to provide records.
15. The aggregate damages Plaintiff now seeks to recover is the original sum plus $2,500 for the above as provided by law Sec. 9.625 (f) A debtor or consumer obligor may recover damages under Subsection (b) and, in addition, $500 in each case from a person
16. that, without reasonable cause, fails to comply with a request under Section 9.210.
17. The Defendant did not provide notice of repossession by law under Texas Finance Code § 348.407.
18. The Defendant did not provide notice by certified mail, return receipt, within five days of the repossession. Texas Occupations Code § 2303.151.
19. The Defendant did not provide written notice of the sale of Plaintiff’s vehicle, at least ten days before the sale.

 

Plaintiff Has Met the Standard for Motion for Summary Judgment

20. The standards for reviewing a motion for summary judgment are well established. As mandated by this court, they are: 1. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law; 2. In deciding whether there is a disputed material fact issue precluding *549 summary judgment, evidence favorable to the non-movant will be taken as true; and 3. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. XXX.
21. We are not to be understood, however, as shifting the burden of proof that exists in summary judgment proceedings. The trial court may not grant a summary judgment by default for lack of an answer or response to the motion by the non-movant when the movant’s summary judgment proof is legally insufficient.[5] The movant still must establish his entitlement to a summary judgment on the issues expressly presented to the trial court by conclusively proving all essential elements of his cause of action or defense as a matter of law. See XXX. Summary judgments must stand on their own merits, and the non-movant’s failure to answer or respond cannot supply by default the summary judgment proof necessary to establish the movant’s right.

 

Argument

22. This is an action for wrongful repossession of a motor vehicle.
23. On or about June 24, XXX,  Plaintiff purchased a motor vehicle from Defendant.
24. Plaintiff made all payments on the vehicle until March 11,XXX.
25. On or about March 11, XXX, Defendant repossessed the vehicle without notice to Plaintiff.
26. Defendant’s repossession of the vehicle was wrongful because:
    • Defendant did not give Plaintiff notice of its intent to repossess the vehicle as required by law;
    • Defendant did not give Plaintiff an opportunity to cure any default before repossessing the vehicle as required by law; and
    • Defendant did not give Plaintiff the cash proceeds of the disposition of the vehicle as required by law.
27. As a result of Defendant’s wrongful repossession, Plaintiff has suffered damages, including but not limited to:
    • The cost of purchasing a new vehicle;
    • The difference between the interest rate on the new vehicle and the interest rate on the old vehicle;
    • The cost of insurance for the new vehicle;
    • The cost of registration and licensing for the new vehicle; and
    • The cost of transportation while Plaintiff’s vehicle was being repossessed;
28. Plaintiff prays for summary judgment against Defendant in the amount of damages suffered by Plaintiff, plus interest, costs, and attorneys’ fees.
29. The Plaintiff contends that the Defendant’s numerous violations of the Business and Commerce Code and other relevant statutes establish clear grounds for summary judgment. The following legal arguments support the Plaintiff’s position:
30. The Defendant’s repossession of the Plaintiff’s vehicle without notice and without cause constitutes a breach of contract.
31. When the Plaintiff purchased the vehicle from the Defendant and financed the transaction, it created a contractual relationship between the parties.
32. By repossessing the vehicle without adhering to the contractual obligations, the Defendant violated the terms of the agreement.
33. As a result, the Plaintiff is entitled to damages and appropriate remedies for the breach of contract.
34. The Defendant’s failure to comply with various sections of the Business and Commerce Code is well-documented and undeniable. These violations include:
35. Failure to provide proper notifications: The Defendant violated Sec. 9.611, Sec. 9.612, Sec. 9.613, and Sec. 9.614 of the Business and Commerce Code by failing to provide any notifications of the repossession to the Plaintiff.
36. These sections explicitly require the secured party to provide notice to the debtor before or after the repossession, specifying the debtor’s rights and the intended disposition of the collateral.
37. The Defendant’s noncompliance with these notification requirements undermines the fundamental principles of fairness and transparency embedded in the statute.
38. Failure to provide accounting records: Pursuant to Sec. 9.615 and Sec. 9.616 of the Business and Commerce Code, the Plaintiff is entitled to receive accounting records regarding the disposition of the collateral.
39. However, the Defendant neglected to fulfill this statutory obligation, denying the Plaintiff the right to review and verify the accuracy of the disposition process.
40. This failure on the part of the Defendant impedes the Plaintiff’s ability to assess any potential irregularities or discrepancies and seek appropriate remedies.
41. Failure to offer redemption rights: Sec. 9.623 of the Business and Commerce Code establishes the debtor’s right to redeem the collateral by paying the outstanding debt before the disposition.
42. The Defendant’s failure to offer the Plaintiff the opportunity to exercise this right further compounds their noncompliance with the statutory requirements.
43. By depriving the Plaintiff of the redemption option, the Defendant violated the clear provisions of the Code, which are designed to protect the debtor’s interests.
44. The Plaintiff seeks compensatory damages for the financial harm caused by the Defendant’s wrongful actions.
45. The forced repossession without notice and without cause led to the Plaintiff incurring substantial additional costs in obtaining alternative financing for a new vehicle.
46. The difference between the Plaintiff’s new monthly payment and the payment made to the Defendant for the last 15 months forms the basis for the requested damages.
47. Moreover, the Plaintiff seeks additional damages as provided by law for the Defendant’s failure to comply with various sections of the Business and Commerce Code.
48. These statutory damages, amounting to $500 for each violation, reflect the importance of strict adherence to the requirements set forth in the Code.
49. The Defendant’s repeated violations warrant the imposition of these additional damages to serve as a deterrent and ensure future compliance.

 

PRAYER FOR RELIEF

FOR THESE REASONS, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against DEFENDANTS, and each of them, and award to Plaintiff his actual damages as described above and requested herein, consequential damages, exemplary or punitive damages, pre-judgment interest and such other and further relief to which Plaintiff may be entitled at law or in equity

 

Dated:

 

Respectfully Submitted,

 

XXX,,

Plaintiff in pro per

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