Nissan Dealer Ordered to Report Sales to NMAC as Lawsuit Advances
Judge Jane Mulqueen of the Berkshire County Superior Court has ordered Bella Nissan of Pittsfield, Mass., to send a daily sales report to the dealership’s captive finance company and floorplan financier, Nissan Motor Acceptance Corp, the Berkshire Eagle reports.
The decision follows a June 3 restraining order filed by NMAC against the dealership’s corporate entity, Bella Auto Group. The captive is suing Bella for $1.5 million, alleging out-of-trust sales of 18 units as well as unpaid loans and floorplan charges.
Plaintiff’s attorneys say the dealership could sell or otherwise dispose of collateral inventory, jeopardizing NMAC’s ability to recover the debt, and asked that all financed units be surrendered.
“The most compelling reason” for an injunction is “the need to prevent the judicial process from being rendered futile by [the] defendant’s action or refusal to act,” the order states.
