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Mitsubishi Motor Credit of Am. Inc. v. Robinson & Stephens Inc.

The defendant was entitled to a directed verdict where the evidence showed that it received no notice of the plaintiff's foreclosure suit under the Abandoned Motor Vehicles Act.

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Mitsubishi Motors Credit of America, Inc., the owner of a leased vehicle, appeals from the denial of the default judgment on the foreclosure action under the Abandoned Motor Vehicles Act by Robinson & Stephens, Inc., an Atlanta wrecker company under contract with the City of Atlanta, which hauled in the abandoned vehicle. In the foreclosure procedure, Robinson & Stephens sent the notice of foreclosure not to Mitsubishi’s address but to an address with which Mitsubishi had no connection in the wrong state. The trial court refused to set aside the judgment and affirmed the foreclosure. Finding legal error, we reverse. Mitsubishi is located at 6363 Katella Avenue, Cypress, California, 90630, and has no other offices in the United States. The Ohio Bureau of Motor Vehicles had on record the title certificate that showing the previous owner as Rick Case Mitsubishi, 18300 Rockside Road, Bedford, Ohio and the present owner as Mitsubishi Mtrs Credit of America Inc, 6363 Katella Avenue, Cypress, Ca., 90630.

In 1998, an individual leased the new 1998 Mitsubishi Diamante priced at $32,700 from an independent car dealership, Rick Case Mitsubishi. The dealership was located at 18300 Rockside Road, Bedford, Ohio. The lessee failed to make the first lease payment and disappeared with the vehicle. The name of the lessee was false on the lease, i.e., Harold S. Jones, at 12600 Rockside Road, Garfield Heights, Ohio 44123.

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