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Cox v. Community Loans of America

2012 U.S. Dist. LEXIS 31448 (2012)

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Cox v. Community Loans of America

United States District Court for the Middle District of Georgia
2012 U.S. Dist. LEXIS 31448 (2012)

EP

Facts

Members of the United States Military Jason Cox, Estevan Castillo, and Leo Thomas Tookes Jr. (debtors) (plaintiffs) entered vehicle-title pawn agreements with Community Loans of America, Inc., Alabama Title Loans, Inc., and Georgia Auto Pawn, Inc. (creditors) (defendants). The pawn agreements were for loans requiring the debtors to provide their vehicle titles in return for cash. Each agreement referenced the cost of the credit extended, the title serving as security interest, the option to register the lien, the title pledged as security for the pawned vehicles, and the fact that the transaction involved borrowing money. If the loaned amount plus interest was repaid by a certain date, the vehicle titles would be returned to the debtors. The agreements also included arbitration clauses. The creditors repossessed the debtors’ vehicles held as collateral, and the debtors filed suit. The debtors argued that the contracts for vehicle-title loans violated the Military Lending Act, 10 U.S.C. § 987 (MLA), and were void. The creditors filed a motion to dismiss, arguing that the contracts were for the sales or pawns of the vehicles under state law and were not loans contemplated by the MLA; thus, according to the creditors, the contracts and arbitration provisions should be upheld.

Rule of Law

Issue

Holding and Reasoning (Land, J.)

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