Motion-Secondary: Credit Acceptance Corporation vs Patrick Lindsay, Heather Geddes

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                                46-CV-22-588




                                                                                          CONSUMER CREDIT CONTRACT

                       STATE OF MINNESOTA                                                                    DISTRICT COURT

                       COUNTY OF MARTIN                                                           FIFTH JUDICIAL DISTRICT

                       Credit Acceptance Corporation
                                                                Plaintiff,
                                                                                       FINDINGS OF FACT,
                                        VS.
                                                                                       CONCLUSIONS OF LAW, AND
                                                                                       ORDER FOR JUDGMENT
                       Patrick Lindsay
                                                                                       Court File No. 46-CV—22-588
                       Heather Geddes
                                                           Defendant(s).               The Honorable Michael       D. Trushenski

                               The above—entitled matter came on for hearing before the Honorable Michael D.

                      Trushenski, undersigned Judge of District Court on August 31, 2022 at             10:00 AM, pursuant to

                      Plaintiff‘s Motion for Summary Judgment.         Plaintiff appeared through counsel on behalf of Credit

                      Acceptance Corporation.                                appeared on behalf of Defendant(s).

                               Based on all the files, records, and proceedings herein, together with the submissions and

                      arguments of the parties, the Court hereby flnds the following:

                                                               I. FINDINGS OF        FACT
                       l.      That on or about July    15, 2016, Defendant(s) entered      into a contract with Credit


                               Acceptance Corporation.

                       2.      That Defendant(s) was      issued an account bearing account number XXXX3375


                               (Account).

                       3.      That Defendant(s) used the account to purchase goods and services and made payments

                               against the outstanding balance of Defendant(‘s‘) account.

                       4.      That Defendant(s)     last made a payment against the outstanding balance of Defendant(‘s’)

                               account on May 06, 2019.

                               Defendant(s)    failed to pay the installments duo under the Contract and that such        failure

                                                  H




                       MN_0745                                            File N0: 21-166703
                                                                      46-CV-22-588




                      6.       There remains an outstanding account balance due of $16,059.58, plus accrued               interest.

                      7.       Defendant(s) was/were duly       served with the   Summons and Complaint on January 29,

                               2022.

                               Based upon the foregoing FINDINGS OF            FACT, the Court hereby makes the following:

                                                            II. CONCLUSIONS          0F   LAW

                       l.      That Defendant(s) defaulted on the account.

                      2.       That Defendant(s) owe(s) $16,059.58.

                      3.       That the balance is subject to interest at the rate of 6.00%,      in the amount of $1,956.17.


                      4.       That there being no remaining genuine issues of material          fact,summary judgment in

                               favor of Plaintiff is proper.

                               Based upon the foregoing      FlNDlNGS OF FACT and CONCLUSION OF LAW,                       the


                               Court hereby makes the following:

                                                                       III. ORDER

                       I.      Plaintiff‘s Motion for Summary Judgment is hereby,          GRANTED.

                       2.      Judgment shall be entered in favor of Plaintiff and against Defendant(s) Heather Geddes

                       ONLY,    for the relief requested   in Plaintiff‘s Complaint:   account balance of $16,059.58,      interest


                       of$1,956.l7 plus costs     and disbursements    of $720.00, attorneys' fees of $2,408.93      for a total


                      judgment of $21,144.68 and with post—judgment costs and interest as applicable.

                                                    LET JUDGMENT BE ENTERED ACCORDINGLY.


                        Dated:
                                                                            The Honorable Michael       D. Trushenski
                                                                            Judge  of  District Court




                       MN70745                                            File No: 21—166703