AFNI, INC. v. THUY MARTINEZ, ET AL. Settlement

Case No. 23SL-AC00070-01 in the Circuit Court of St. Louis County, State of Missouri

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Twenty-First Judicial Circuit Court for St. Louis County, Missouri

NOTICE OF PENDENCY OF CLASS ACTION

 

 

If you had a motor vehicle repossessed, a class action lawsuit might affect your rights.

A court authorized this notice. This is not a solicitation from a lawyer.

 

 

  • A borrower was sued by Afni, Inc., assignee of State Farm Bank (“Afni”), for unpaid amounts due on a vehicle contract. The borrower counter-sued Afni and EMVLP, LLC, Twenty-One Eighty-Five, LLC, State Farm Bank, F.S.B. (collectively, “SFB Defendants”), alleging Afni and SFB Defendants violated the law regarding notices and explanations sent after the borrower’s car was repossessed. The borrower seeks to assert such claims for other similar borrowers against Afni and SFB Defendants (collectively, “Counterclaim Defendants”).
     
  • The Court has allowed the lawsuit to be a class action for people who Counterclaim Defendants mailed a presale notice or post-sale explanation. You are not part of the class if SFB Defendants obtained a deficiency judgment against you for the repossession at issue or you filed for bankruptcy after the date on a presale notice sent after your vehicle was repossessed.
     
  • There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now:

 

 Your Legal Rights and Options in this Lawsuit 

Do Nothing

Stay in this lawsuit. Await the outcome. Give up certain rights.

 

By doing nothing, you will remain a member of the certified Class and will be permitted to share in any recovery that may result from this class action. But, you give up any rights to sue Counterclaim Defendants separately about the same legal claims in this lawsuit.

 

Exclude Yourself

Get out of this lawsuit. Get no benefits from it. Keep rights.

 

If you do not wish to participate in the class action, you must send an email or letter requesting to be excluded by no later than July 22, 2025. If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep any rights to sue Counterclaim Defendants separately about the same legal claims in this lawsuit (you should consult with a lawyer to determine whether those claims are timely).

 

 

  • Your options are explained in the Notice. To ask to be excluded, you must act before July 22, 2025.
     
  • Lawyers must prove the claims against Counterclaim Defendants. If money or benefits are obtained from Counterclaim Defendants, you will be notified.
     
  • Questions? Read the full Notice here.