Eley v. Mid/East Acceptance Corp. of N.C., Inc.

Mid/East Acceptance Corp. of N.C., Inc. (Mid/East) (defendant) repossessed the truck of Jackie L. Eley (plaintiff) when she fell two months behind on the payments. Mid/East’s repossession agent repossessed the truck at 4:00 a.m. on Monday, July 29, 2002. Eley went outside and explained that she did not contest the repossession but asked if she could retrieve some personal items and 130 watermelons from the back of the truck that she had purchased the day before. The repossession agent refused because he was in a hurry and refused to allow Eley to surrender the truck later after unloading the watermelons. Given the summer heat, Eley feared that the watermelons would spoil before she could retrieve and sell them. At 8:00 a.m., Eley called Mid/East seeking to retrieve the watermelons to no avail, so the same morning, Eley filed suit in small claims court against Mid/East for conversion. By Wednesday, Mid/East called Eley asking her to bring her truck key in so that she could retrieve the watermelons. Eley refused. That same day, Mid/East mailed Eley a letter that was returned undelivered telling Eley that the watermelons were rotting and she needed to remove them by Friday. On Thursday, Mid/East called Eley asking her to remove the watermelons. Eley told Mid/East she did not want the watermelons anymore because they were now spoiled. Eley’s conversion claim was dismissed by the small claims court. However, on appeal, a district court ruled against Mid/East on Ely’s conversion claim and found that Mid/East engaged in trade practices that were deceptive or unfair. The court also awarded Eley treble damages and attorney’s fees as permitted under North Carolina law. Mid/East appealed. Eley moved for a grant of attorney’s fees incurred during the appeal.