Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Civil Litigation topic
No spam. Unsubscribe anytime.
Judge grants summary judgment to lender in River Valley Credit case; defense unconscionability argument rejected
Summary
The court denied the defendant's unconscionability defense in a financing dispute over purchase terms for a tractor and entered summary judgment for River Valley Credit after finding insufficient factual support for the defense.
In River Valley Credit v. Branham the defendant argued that the financing agreement for a tractor purchase was unconscionable and raised an affirmative defense in response to the plaintiff’s motion for summary judgment. The defendant submitted an affidavit and cited case law, but the court found the papers did not raise a fact issue sufficient to overcome summary judgment.
The judge explained he was reluctant to upend installment contracts broadly and expressed concern about the economic consequences of accepting the defense as pleaded. After reviewing briefs and affidavits, the court granted plaintiff's motion for summary judgment and entered judgment for the creditor. The court noted practical concerns about collectability but granted relief to the plaintiff based on the legal record.
Plaintiff's counsel may proceed to enforce the judgment; the court encouraged the parties to discuss potential settlements but made clear the legal ruling was final at this level.
