BASIC INFORMATION |
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What is this lawsuit about? |
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This case claims that Northcoast violated Ohio law when it sent post-repossession notices to Ohio borrowers that did not contain the information described in the class definition above. As a result, it is claimed that class members who were sent these notices are not liable for any deficiencies and that those who paid deficiencies should get their money back.
Northcoast does not believe that it violated Ohio law. Northcoast has asserted many legal defenses to the claims made in this case. Importantly, the Court has not decided whether the claims made in this case are correct. |
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What is a class action?
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In a class action lawsuit, one or more people or entities like you, called Class Representatives sue on behalf of people who have similar claims. All of these people together are a "Class" or "Class Members." One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. |
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CLAIMS IN THE LAWSUIT |
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How do I know I am part of this lawsuit? |
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You are a class member of the settlement class if you are an Ohio resident to whom Northcoast sent a Statutory Notice of Sale between July 16, 1998 and July 16, 2004 and the person’s vehicle was sold at an auction facility within the State of Ohio and the Statutory Notice of Sale either:
a) did not disclose the minimum bid amount and/or
b) did not disclose the street address of the auction facility and/or
c) identified a time/date of the auction as being "on or after" a specified time/date, and the person has not commenced bankruptcy proceedings, plus co-signers for the aforementioned persons owing money to Northcoast.
The class does not include people who meet this definition but: whose debt was discharged in bankruptcy; their loan was sold; they have died; or they choose not to participate in the settlement. |
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YOUR RIGHTS AND OPTIONS |
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You have a legal right to decide whether you want to remain in the class, or be excluded. |
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What happens if I do nothing? |
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By doing nothing, you are staying in the Class. If you remain in the class, your interests will be represented in the class action, and you will be entitled to share in any damages or other relief awarded by the Court. For example, if the Court approves the proposed settlement described above, you will receive a refund of deficiency balance payments according to the settlement distribution procedure described above. If you remain in the class, you will also be bound by any final judgment entered in the action, and will not have the right to sue Northcoast separately in your own action for the same claims that are raised in the class action. |
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What happens if I exclude myself? |
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If you request exclusion from the class, your name will be removed from the class list, you will receive no further notifications, and you will not be entitled to share in any damages or other relief awarded by the Court. You will not be bound by any final judgment entered in the action, and would retain the right to sue Northcoast separately for any claims you might have. |
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How do I ask to be excluded? |
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If you wish to be excluded, you must send in an "Exclusion Request" in the form of a letter sent by mail, The Court will exclude you from the class if your written request for exclusion is postmarked on or before October 10, 2007. The request must state: "I do not want to be part of the class in Northcoast Financial Services v. Webster." All persons who were obligors on the loan must sign the request for exclusion, with the name and address of each printed below the signature. You should mail the exclusion request to:
CLASS COUNSEL: |
DEFENDANT’S COUNSEL: |
Ronald I. Frederick
Ronald Frederick & Assoc. Co., L.P.A.
55 Public Square, Suite 1300
Cleveland, OH 44113
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Robert Zimmerman
Kahn Kleinman
2600
Erieview Tower
1301 East Ninth Street
Cleveland, OH 44114
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THE LAWYERS REPRESENTING YOU |
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Do I have a lawyer in this case? |
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Yes. If you do not request exclusion and you do not enter an appearance through your attorney, your interests will be represented by the Counter-Plaintiff as class representative through the law firms listed below at no out-of pocket cost to you.
Attorneys for the Class:
Ronald I. Frederick
Ronald Frederick & Assoc. Co., L.P.A.
55 Public Square, Suite 1300
Cleveland, Ohio 44113
If you do not request exclusion, you may, if you desire and at your own expense, enter an appearance through an attorney of your choosing. |
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THE COURT HEARING |
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When will the settlement be approved? |
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The proposed Settlement Agreement must be finally approved by the Court. On November 19, 2007, at 2:00 p.m., in the Cleveland Municipal Court, Cleveland, Ohio, a hearing will be held on whether the proposed settlement should be approved as fair, reasonable and adequate. |
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Do I have to attend the hearing? |
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No. However, if you do not request exclusion from this lawsuit, you may submit a written statement and appear at the hearing, in person or through an attorney retained at your own expense, to support the proposed settlement, to object to it, or ask questions about it. If you wish to appear at the hearing to make a statement, YOU must notify the Court and counsel in writing of your intention to do so no later than October 12, 2007. The Clerk’s address is Earle B. Turner, Clerk of the Court, Cleveland Municipal Court, 1200 Ontario Street, Third Floor, Cleveland, Ohio 44113. All documents you file with the Court must identify the case name and number of the suit. DO NOT CALL OR CONTACT THE COURT.
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Will I get money after the hearing? |
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If the Court approves this settlement, the distribution date of the settlement will be approximately sixty (60) days after the entry of the Court’s judgment approving this settlement, unless an objection is filed and an appeal is taken. If the Settlement is not approved, this lawsuit will proceed. |
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GETTING MORE INFORMATION |
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How do I get more information? |
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If you have any questions, contact either your own attorney, or the Attorneys for the Class. You may also select Case Documents for copies of documents related to the lawsuit or call 1-866-535-1626 with questions.
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