Citicorp Acceptance Co., Inc. v. Sittner

PLANK, Judge.

Edward 0. Sittner, Jr., (Sittner) appeals the judgment entered by the trial court finding that Citicorp Acceptance Company, Inc., (Citicorp) properly replevied eight new vehicles and was entitled to the proceeds from nine other vehicles. We reverse.

Citicorp was providing a revolving line of credit for new vehicles bought by Hunter Brothers Toyota (HBT). Sittner was the owner of the business premises occupied by HBT. When HBT went into default on its financing agreement with Citicorp, Citicorp discontinued its financing of HBT’s purchases of new cars.

Prior to its default, HBT had…