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FIELDER v. CREDIT ACCEPTANCE CORP.

No. 98-3265, 98-3413.

188 F.3d 1031 (1999)

Marvin FIELDER, et al., individually and on behalf of a class of similarly situated individuals, Plaintiffs-Appellees/Cross-Appellants, v. CREDIT ACCEPTANCE CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed August 31, 1999.

Attorney(s) appearing for the Case

John P. Scotellaro, Chicago, IL, Argued (Mark E. Solomons and Laura Metcoff Klaus, on the brief), for Appellant.

Bernard Edmond Brown, Kansas City, MO, Argued (Dale K. Irwin, on the brief), for Appellee.

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

LOKEN, Circuit Judge.

Credit Acceptance Corporation ("CAC") financed used car sales in Missouri by taking assignments of retail installment purchase contracts between car dealers and purchasing consumers. If the buyer defaulted, CAC typically repossessed the vehicle, which was collateral for the defaulted loan. CAC then sold the car, applied the net sale proceeds against the defaulted loan, and sued the buyer in state court...

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