Lima, Ohio — After her vehicle was repossessed by an Ohio dealership, a woman decided to exact a unique form of retribution.
Tiah McCreary bought a vehicle from Taylor Kia of Lima in February 2024. She signed the finance paperwork, which included an agreement to resolve legal disputes through arbitration, according to court documents.
She applied for financing through Global Lending Services with the assistance of a finance manager and was granted a preliminary loan approval for the required amount.
McCreary left the dealership in a 2022 Kia K5, but GLS later determined that her income was insufficient to complete the loan, according to the documents. Because she no longer had financing, the dealership repossessed the vehicle in March.
According to documents, the woman was looking into her legal options when she discovered that the name “Taylor Kia of Lima” was no longer registered with the Ohio Secretary of State’s Office because Taylor Cadillac failed to submit a renewal application. McCreary chose to register “Taylor Kia of Lima” under her name.
McCreary issued a cease and desist letter to the dealership, informing it that the name was registered to her.
She then filed a complaint against Taylor Cadillac, which opened the Kia dealership in 2012, as well as the lending company, alleging violations of the Consumer Sales Practices Act. Months later, Taylor Cadillac and GLS filed a motion for arbitration, which included McCreary’s signed arbitration agreement.
A trial court granted Taylor Cadillac’s motion for arbitration in October 2024 and dismissed the case without prejudice, according to court documents.
McCreary filed an appeal later that month, claiming that her signature was placed on the arbitration agreement without her knowledge and that it was invalid because the name “Taylor Kia of Lima” was not registered. She also claimed that the arbitration agreement for the purchase of a vehicle did not apply to the use of “Taylor Kia of Lima,” which was now registered to McCreary.
Judge John R. Willamowski ruled that McCreary should have known she was signing an arbitration agreement. The agreement stated it was between the purchaser and “Taylor Automotive Group, which includes Taylor Cadillac…,” so it was valid.
However, the judge ruled that the dispute over the use of the name “Taylor Kia of Lima” is not covered by the arbitration agreement because it is unrelated to the purchase of the vehicle.
“[T]his claim should not have been dismissed and sent to arbitration,” Willamowski stated.
The judge remanded the case to the trial court for further action. Judges Juergen A. Waldick and William R. Zimmerman agreed with Willamowski’s opinion.
A scheduling conference has been scheduled for Aug. 18 to determine the next steps in the case.
