Ally Bank, v. Anthony Gonsalves,

Judge Mary Strobel

Hearing: August 25, 2020

19STLC11789

Tentative Decision on Application for Writ of Possession

Plaintiff Ally Bank (“Plaintiff”) seeks a writ of possession against Defendant Anthony Gonsalves (“Defendant”) over the following property: 2008 Mercedes-Benz S63, VIN # WDDNG77X38A205711(“Vehicle”).

Statement of the Case

According to Blong Vang, a replevin specialist and authorized representative for Plaintiff, Defendant entered into an Agreement regarding purchase of the Vehicle on or about July 18, 2016. Defendant failed to make payments required by the Agreement starting July 29, 2019. Defendant is in default under the Agreement, and Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (Vang Decl. ¶¶ 5-6, Exh. A-D.)

Procedural History

Plaintiff filed its complaint on December 30, 2019. Plaintiff filed its application for writ of possession on January 22, 2020.

On January 31, 2020,