Treadway v. Nations Credit Financial Services Corp.

              1
NOTICE
Decision filed 11/26/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-06-0425
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
GARY TREADWAY, Special Representative of ) Appeal from the
the Estate of Juanita Treadway, Deceased, ) Circuit Court of
Individually and on Behalf of Others Similarly ) Madison County.
Situated, ))
Plaintiff-Appellant, ))
v. ) No. 05-L-27
)
NATIONS CREDIT FINANCIAL SERVICES )
CORPORATION, d/b/a EquiCredit, ) Honorable
) Lola P. Maddox,
Defendant-Appellee. ) Judge, presiding.
_________________________________________________________________________
JUSTICE SPOMER delivered the opinion of the court:
The plaintiff, Gary Treadway, special representative of the estate of Juanita
Treadway, deceased, individually and on behalf of others similarly situated, appeals the order
of the circuit court of Madison County that dismissed his class action complaint against the
defendant, Nations Credit Financial Services Corp., doing business as EquiCredit
(EquiCredit). The issues necessary for our determination of this appeal are as follows: (1)
whether the circuit court erred in dismissing Gary Treadway's complaint on the basis that it
is preempted by sections 85 and 86 of the National Bank Act (12 U.S.C. §§85, 86 (2000))
and (2) whether Gary Treadway's complaint is barred by the doctrine of res judicata. For
the reasons that follow, we reverse the order of the circuit court dismissing this action and
remand for further proceedings not inconsistent with this opinion.
FACTS
The facts necessary for our disposition of this appeal are as follows. In September