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📄 Case Information:
- Filing Date: April 11, 2025
- Court: U.S. District Court for the District of South Carolina (Columbia Division)
- Plaintiff: Gloria Birchmore
- Defendants: Associates Asset Recovery, LLC; Westlake Portfolio Management, LLC; Patrick K. Willis Company, Inc. d/b/a American Recovery Services a/k/a Skipbusters
- Case Number: 3:25-cv-03123-MGL
🔍 Allegations at a Glance:
Gloria Birchmore, a South Carolina resident, filed suit after her 2019 Jeep Renegade was allegedly wrongfully repossessed from her workplace in Columbia, SC on August 26, 2024. She claims she was current on her auto loan with Credit Acceptance Corp.—the only known lienholder—and that Westlake Portfolio Management mistakenly believed it held a valid security interest in her vehicle. Westlake allegedly hired American Recovery Services (ARS), which in turn contracted Associates Asset Recovery to execute the repossession.
Birchmore discovered the vehicle missing and contacted police, who informed her it had been repossessed—under another individual’s name. She was eventually able to retrieve the vehicle and her wallet but later realized her legally owned firearm had gone missing from the vehicle. She alleges that the repossession was conducted without legal authority and caused her emotional distress, loss of property, and deprivation of vehicle use.
📌 Key Allegations:
- Vehicle repossessed without an enforceable security interest.
- Repossession conducted under a name not matching the plaintiff.
- Plaintiff was not in default on her loan.
- Possessions, including a firearm, were missing post-repossession.
- Plaintiff experienced distress, loss of use, and emotional harm.
📚 Legal Claims:
- ✅ Fair Debt Collection Practices Act (FDCPA) Violations – 15 U.S.C. §1692f(6)
- ✅ Unlawful Repossession under South Carolina UCC – S.C. Code §§ 36-9-601 to 36-9-610
- ✅ Conversion – Unlawful control and withholding of Plaintiff’s property
💰 Relief Sought:
- Actual damages for loss and emotional harm
- 💰 Punitive damages for willful misconduct
- 💰 Statutory damages under FDCPA
- 💰 Attorneys’ fees and legal costs
- Pre- and post-judgment interest
✅ The Bottom Line: This lawsuit highlights the risks consumers face from mistaken or unauthorized vehicle repossessions. Birchmore claims her car was taken despite no valid debt owed to the involved companies, leading to loss of property and emotional hardship. The case raises broader concerns about due diligence in repossession practices and the potential misuse of debt collection authority.
⚖️ Legal Disclaimer:
All claims in this lawsuit are allegations only. The case may be dismissed, settled, or resolved through the legal process. No wrongdoing has been proven at this stage.
✅ Fact Check Summary:
All factual claims in this post, including the timeline, alleged conduct, legal claims, and damages sought, are accurately drawn from the original complaint. No information has been added beyond what was stated in the lawsuit.
📁 File Name: gov.uscourts.scd.302536.1.0.pdf
👥 Parties Involved: Gloria Birchmore, Associates Asset Recovery, LLC, Westlake Portfolio Management, LLC, Patrick K. Willis Company, Inc. d/b/a American Recovery Services a/k/a Skipbusters
