Are you a car dealer or a consumer who has had an issue because Nextgear Capital Inc. has refused to release a title that they are legally required to release? If so, WHETHER OR NOT YOU HAVE BEEN SUED AND WHEREVER YOU ARE LOCATED, please call me at 317-662-4529. As my co-counsel and I assess things, in most cases, a floorplan lender should NEVER refuse to release a ti-tle to a vehicle sold by a dealer in the ordinary course of business, even if the floor planner has not been paid for the car. Nextgear may very well disagree with this conclusion, but this is an issue that we are looking to have settled in court.
We have not had any complaints about Automotive Capital Services, ACS, but the legal reasoning would be the same.
We are currently representing multiple auto dealers in defense in suits filed by Nextgear. We haven't found the right case yet to test our offensive theories. Your case might be the one that lets us put all the pieces together. Our perfect plaintiff would be one where there was a refusal to release the title, but where the dealer was not in default of any covenants to Nextgear.
If you would like to talk about this, call me at 317-662-4529 or email me at hoferlawindyATgmail.com.
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