To: NFA Members
From: Joan Hudson, NFA Executive Director
Interesting news on Georgia court decision ...
GA Court Paves the Way for
Trial against Renovo and Lender
Richmond County, GA –
November 3, 2011 – Defendants Renovo Services, Renaissance Recovery and lender,
Nuvell National Auto Finance received a dismissal on their motion to dismiss a
lawsuit for wrongful repossession stemming from the 2009 death of
William “Bill” Jacobs. This decision by Augusta Judicial Circuit Superior Court Judge
Carl C. Brown, clears the way for the pending trial on November 28th,
2011.
The wrongful
repossession lawsuit filed by 
Attorney Ken Daniel representing the deceased “Bill” Jacobs
Jr.’s wife, Pamela Jacobs, who was present at the scene of the killing,
asserted that despite not being a direct party to the repossession, as Jacobs
was not the borrower, he was indeed still a victim to a breach of peace and as
such and unlawful repossession. Attorneys representing the defendants argued to
the contrary and further that sufficient separation between entities existed to
conclude that neither the lender nor the repossession forwarding company or
repossession company, Renaissance Recovery, a subsidiary of Renovo, should bear
the liability of this incidents as the repossessor was a private contractor.
The tragic incident,
which occurred in April 9, 2009, began as a voluntary repossession until
Renaissance Recovery contractor Michael Fallon Brown and his wife Victoria
Brown called and found the borrower still needing time to remove their
belongings. Court documents assert that a series of communications between
Brown, Renaissance, Renovo and the lender ensued which then lead to the change
of status from “voluntary” to “Involuntary.” With the change of status,
Brown and his wife proceeded to take part in a non-peaceful repossession that
took the life of William “Bill “ Jacobs crushing him under the wheels of the
wrecker as Brown and his wife fled the scene and hid from police until their later surrender on April
14th.
Brown was sentenced to 20
years on his guilty plea of first-degree vehicular homicide and criminal damage
to property charges and later appealed his sentence in hope for a reduction in
February 2011 only to be denied. Brown’s wife, Victoria Brown, plead guilty to
criminal damage to property and misdemeanor simple battery earlier in April and
was sentenced to two years in prison with four years. In the dismissal, Judge
Brown states:
