Frequently Asked Questions

You or someone in your family may have had a consumer loan agreement directly with or that was assigned to Commerce for a loan used to purchase property repossessed by Commerce.

You were sent a Class Mail Notice by mail because you should know about a proposed settlement of a class action lawsuit in which you may be a Class Member, and about all your options, before the Court decides whether to approve the settlement. If the Court approves it, and after objections and appeals are resolved, Commerce will reduce alleged deficiencies (debts) owed to Commerce to $0 and will request national credit reporting agencies to delete deficiency balance information from credit reports related to the repossessed property. Class Members will also receive payments, as described more fully in this package. 

The "Long-Form" notice explains in greater detail about the litigation, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge is the Twenty-Third Judicial Circuit Court for Jefferson County, Missouri, and the case is Commerce Bank v. Melissa Kirkpatrick, Case No. 18JE-AC00459-01.

The Litigation claimed Commerce violated statutory requirements for certain repossession notices sent by Commerce when attempting to collect on Class Members’ loans and repossessing and selling their property. You can read the claims in more detail in the Counterclaim of Melissa Kirkpatrick (“Class Representative”) or read the "Long-Form" notice in the Documents page.

In a class action, one or more people called Class Representatives sue on behalf of other people with similar claims. The class representatives for this proposed Settlement are Melissa Kirkpatrick and Rebecca Palmer. All individuals with similar claims to the Class Representative are “Class Members.” In class actions, one court and one Litigation resolve the issues for all Class Members, except for those who exclude themselves from the Class. The Honorable Joseph Rathert oversees this class action.

The parties disagree over who would have won and what the Class would’ve recovered if they had won. Class Representatives believed they could recover 10% of the principal amount of their loan plus the interest charge and other relief. Commerce believed Class Representatives and the Class were entitled to nothing (or may even owe Commerce money). To resolve the dispute, and because both parties are unsure of what would’ve happened in a trial, they agreed to a Settlement. That way, they avoid the cost of a trial, and the people allegedly affected will get money and other benefits sooner. The Class Representative and the attorneys believe the Settlement is fair and equitable for all Class Members.

Judge Darrell E. Missey decided everyone who fits this description is a Class Member: 

All persons to whom Commerce mailed a presale or post-sale notice within the applicable statute of limitations, excluding all persons from whom Commerce has obtained a final deficiency judgment or who filed for bankruptcy after the date on their presale notice and whose bankruptcy ended in discharge rather than dismissal. (the “Class”). 

If you are still not sure whether you are included, you can ask for free help. You can call (800) 889-1534 or write to the Settlement Administrator at

Commerce Bank v. Melissa Kirkpatrick

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

Commerce has agreed to provide the Class with Settlement benefits with an estimated value exceeding $45,000,000, which includes:

Money

Commerce has agreed to create a $18,000,000 fund to pay: (a) Class Members; (b) the attorneys’ fees and expenses for representing the Class; and (c) Melissa Kirkpatrick and Rebecca Palmer for their services as Class Representatives. This amount is called the “Cash Fund.” 

Deficiency Adjustments

As of June 1, 2024, Commerce has ceased seeking to collect any money it claimed you owed after it repossessed your property because of its claim you broke promises in your agreement with Commerce. These outstanding amounts are called “Deficiency Balances,” and Commerce has agreed to adjust these balances by reducing them to $0 and closing the accounts connected with them. The value of this benefit to the Class and the Deficiency Balances being eliminated is estimated to be at least $27,000,000. This amount is called the “Deficiency Adjustment.” 

Credit Bureau Reporting

After the Effective Date, Commerce will request that the nationwide consumer reporting companies—Equifax, Experian, TransUnion, and Innovis—delete any information related to the Deficiency Balances from your credit report. Commerce does not ultimately control whether each credit reporting company will comply with the request.

Class Members are strongly encouraged to consult with a tax professional about the tax effects of any money and other benefits (including the Deficiency Write-Off) received from this Settlement. The attorneys in this case cannot provide you with any tax advice, and your receipt of benefits under this Settlement might have tax consequences. However, Commerce has agreed not to issue an IRS Form 1099 to Class Members because the alleged Deficiency Balances that Commerce is adjusting are contested liabilities and/or disputed debts. 

Every Class Member will receive the benefits of the Deficiency Adjustments. Class Members will also receive a check payment from the Cash Fund. 

The payment you receive depends on the money you borrowed and the interest rate on your loan.

By doing nothing, you will receive the benefits that come from the Settlement, including money. 

The Court will hold a hearing on a date that is yet to be decided and will be updated soon by Counsel. This is to decide whether to approve the Settlement. Even if Judge Joseph Rathert approves the Settlement, there may be appeals. It’s always uncertain how an appeal will be resolved and how long it will take. Some appeals take more than a year. Please be patient. You’ll receive your payment if the Settlement is approved and after that approval becomes a “Final Judgment” (i.e. after any appeals are resolved or the time for appealing has passed).

Unless you exclude yourself by following the procedure below, you are a part of the Class, and that means you can’t sue, continue to sue, or be part of any other litigation against Commerce about the legal issues in this case.  For example, you won’t be able to make any independent claim against Commerce arising from the written notices (presale and post-sale repossession notices) this litigation is about. Staying in the Class also means all the Court’s orders in this litigation will apply to you and legally bind you. To see exactly the legal claims and defenses you give up if you get Settlement benefits, please refer to Paragraph 2.21 of the Settlement Agreement located on the Documents page here.

Excluding Yourself From the Settlement

If you don’t want benefits from this Settlement, but you want to keep the right to sue or continue to sue Commerce on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called “Excluding” yourself—or is sometimes called “Opting Out” of the Class.

To exclude yourself from the Settlement, you must send a letter by mail saying you want to be excluded from Commerce Bank v Melissa Kirkpatrick, Case No. 18JE-AC00459-01. Include your name, address, telephone number, last four digits of your Social Security Number, and the name of any other person on your agreement with Commerce, along with your signature. The exclusion request must be signed by you and by any co-borrower on your agreement, unless the co-borrower is deceased, in which case you must include a death certificate with your request. You cannot exclude yourself by having an actual or purported agent or attorney acting for you or a group of Class Members sign the letter. You must mail your exclusion request postmarked no later than September 19, 2024, to:

Commerce Bank v. Melissa Kirkpatrick

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

If you ask to be excluded, you’ll get no Settlement benefits, and you cannot object to the Settlement. You won’t be legally bound by anything that happens. You may sue (or continue to sue) Commerce about the claims asserted.

No. Unless you exclude yourself, you give up any right to sue Commerce for the claims this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is September 19, 2024. Exclusion requests postmarked later than this date will not be honored.

No. But you may sue, continue to sue, or be part of a different litigation against Commerce about the same type of claims that were made in this case.

The Court appointed Martin L. Daesch, Jesse B. Rochman, Jim Onder, and Craig W. Richards of Onder Law LLC to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. They are experienced in handling similar cases against consumer lenders. More information about these lawyers and their firm is available at www.onderlaw.com. You needn’t hire your own lawyer because Class Counsel is working for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel has prosecuted this litigation on a contingent basis and has incurred or advanced all costs, expenses, and attorneys’ fees associated with the litigation since their investigation of claims against Commerce began in 2018. Class Counsel has not been paid for their work or received reimbursement for the expenses they have incurred or advanced for the Class Representative and Class Members. Class Counsel will ask the Court to approve payment of attorney’s fees that does not exceed 35% of the value of the Settlement benefits or 80% of the Cash Fund, reimbursement for costs and expenses in amount not to exceed $50,000. Class Counsel will also request that the Court approve payments of $15,000 to Melissa Kirkpatrick and $5,000 to Rebecca Palmer for their services as Class Representatives. The fees and expenses would pay Class Counsel for investigating the facts, litigating the case, negotiating the Settlement, and paying the costs to administer the Settlement.

If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. You can explain why you think the Court shouldn’t approve it. The Court will consider your views. To object, you must appear in court at the Settlement Hearing on Wednesday, October 30, 2024 or send a letter saying you object to Commerce Bank v. Melissa Kirkpatrick, Case No. 18JE-AC00459-01. Your letter must include your name, address, telephone number, facsimile number (if available), email address (if available), last four digits of your Social Security Number, a statement of your objections, and the reasons and facts you contend support your objections. Your objection must include any documents (including loan documents) you rely upon to support your objection and identify any witnesses you plan to use at the Settlement Hearing (described below). If there is other evidence (e.g., documents) that you rely upon for your objection, you must attach copies to your objection. If you plan to use expert witnesses about your objection, you must provide—with your objection—an expert report for each expert outlining the expert’s opinions and the facts and reasons for the expert’s opinions. You must also state whether you intend to appear at the Settlement Hearing and provide copies of any evidence you intend to use at the hearing. Finally, you must sign and date the objection and include a statement substantially in this form: “I declare (or certify, verify, or state) under penalty of perjury that all of the information in the objection is true and correct. Executed on (date). (Signature).”

 Mail the objection to the Court, to Class Counsel, and to Commerce’s Counsel at the separate addresses below. Your objection must be postmarked no later than September 19, 2024 or you must appear in court at the Settlement Hearing.

If an attorney is submitting the objection for you, besides information and materials discussed above, the objection must include the name, address, telephone number, facsimile number (if available), and email address (if available) of your attorney and a detailed description of the legal authorities supporting each objection.

If you file an objection, Class Counsel or Commerce’s Counsel may notice and take your deposition, consistent with the Missouri Supreme Court Rules, at an agreed-upon location before the Settlement Hearing and seek any documentary evidence or other tangible things relevant to the objection. Failure by an objector to comply with discovery requests may cause the Court to strike the objection and otherwise deny that person the opportunity to be heard further. The Court reserves the right to tax the costs of any such discovery to the objector or objector’s counsel should the Court determine the objection is frivolous or is made for an improper purpose.

Objecting is telling the Court you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold a Settlement Hearing on Wednesday, October 30, 2024 at the Twenty-Third Judicial Circuit of Jefferson County, Missouri, 300 Main Street, Hillsboro, MO 63050. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Joseph Rathert will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the Settlement. We don’t know how long these decisions will take.

No. Class Counsel will answer any questions Judge Joseph Rathert may have. But you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. If you mailed your written objection on time with all the required information, the Court will consider it. You may also pay your own lawyer to attend, but that is unnecessary.

You may ask the Court for permission to speak at the Settlement Hearing. You may speak either for or against the Settlement. To speak for the Settlement, you must send a letter saying it is your “Notice of Intention to Appear in Commerce Bank v. Melissa Kirkpatrick, Case No. 18JE-AC00459-01.” Include your name, address, telephone number, last four digits of your Social Security Number, and your signature. Your “Notice of Intention to Appear” must be postmarked no later than September 19, 2024, and be sent to the Circuit Clerk’s Office, Class Counsel, and Commerce’s Counsel, at the three addresses provided in question 18.

If you plan to speak at the Settlement Hearing to tell the Court you don’t like something about the Settlement, you must submit an objection as detailed in question 18 and include with that objection a statement you intend to appear at the Settlement Hearing. The identity of any witnesses or experts you plan to present at the Settlement Hearing, with evidence you intend to present at the Settlement Hearing, must also be included with your objection.

You cannot speak at the hearing if you excluded yourself or if you don’t send in a request with the required information and documents.

This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and update your contact information by writing to:

Commerce Bank v. Melissa Kirkpatrick

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

or by visiting the Documents page here.

You can call (800) 889-1534;  or write to

Commerce Bank v. Melissa Kirkpatrick

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

You may update your contact information by contacting Kroll at (800) 889-1534 or by writing to -

Commerce Bank v. Melissa Kirkpatrick

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391