IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
COMMUNICATION FEDERAL CREDIT UNION,
Plaintiff,
vs.
ANNA ESPINOSA A/K/A ANNA MARIE ESPINOSA A/K/A ANNA MARIE EDWARDS,
Defendant.
PETITION
CAUSE OF ACTION – MONEY JUDGMENT
COMES NOW Plaintiff, Communication Federal Credit Union (hereafter “Plaintiff”), by and through counsel of record Joshua C. Greenhaw, Cara J. Bisel, and Breanne Stewart of Mee Hawkins Greenhaw & Cotner PLLP, and for its claim against Anna Espinosa a/k/a Anna Marie Espinosa a/k/a Anna Marie Edwards, an individual (hereafter “Defendant”) alleges and states:
1. On or about December 10, 2021, Defendant, for good and valuable consideration, executed and delivered to Battison Honda, a Retail Installment Sale Contract and Security Agreement (hereafter the “Contract”), in the amount of $24,806.25.
2. As part of Contract, and to secure the payment of the amounts owed pursuant to said Contract, Defendants granted to Battison Honda, a security interest in a 2019 Jeep Cherokee (VIN: 1C4PJLBC1KD146087) (hereafter the “Vehicle”). A true and correct copy of the Contract is attached hereto as Exhibit “A”.
3. Said Contract was subsequently assigned to Plaintiff and Plaintiff is the current owner and holder thereof and is the current creditor.
4. Defendant was and is in default under the terms of the Contract, and the Vehicle was subsequently recovered by Plaintiff and disposed of in a commercially reasonable manner.
5. Subsequently, an explanation of deficiency was sent to Defendant.
6. As of July 7, 2023, after credit for all payments and offsets, the balance due under the Contract was $10,535.88, plus interest continuing to accrue from and after May 4, 2023, at the contractual rate of 10.49% per annum, until paid, fees/charges in the amount of $258.50, costs of the action, and a reasonable attorneys' fee, all as provided by the Contract.
WHEREFORE, Plaintiff Request that the Court grant judgment as follows:
A money judgment against the Defendant, Anna Espinosa a/k/a Anna Marie Espinosa a/k/a Anna Marie Edwards, in the sum of $10,535.88, plus interest continuing to accrue from and after May 4, 2023, at the contractual rate of 10.49% per annum, until paid, fees/charges in the amount of $258.50, costs of the action, and a reasonable attorneys' fee, all as provided by the Contract.
Plaintiff further requests that any judgment herein be deemed a final judgment pursuant to 12 O.S. § 994 (OSCN 2026), and for any other relief to which it is entitled.
Respectfully submitted,
BREANNE STEWART, OBA #35747
[email protected]
CARA J. BISEL, OBA #31390
[email protected]
JOSHUA C. GREENHAW, OBA #19111
[email protected]
MEE HAWKINS GREENHAW & COTNER PLLP
PO Box 1375
Oklahoma City, OK 73101
Telephone: (405) 848-9100
Facsimile: (405) 848-9101
ATTORNEYS FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address (Including County and Zip Code)
ANNA ESPINOSA
Co-Buyer Name and Address (Including County and Zip Code)
N/A
Seller-Creditor (Name and Address)
BATTISON HONDA
8700 N.W. Expressway
Oklahoma City, OK 73162
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle o credit under the agreements on the front and back of this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
<table>
<tr>
<th>New/Used</th>
<th>Year</th>
<th>Make and Model</th>
<th>Odometer</th>
<th>Vehicle Identification Number</th>
<th>Primary Use For Which Purchased<br>Personal, family, or household unless otherwise indicated below<br>□ business<br>□ agricultural<br>N/A</th>
</tr>
<tr>
<td>USED</td>
<td>2019</td>
<td>JEEP CHEROKEE</td>
<td>73,946</td>
<td>1C4PJLCB1KD1466087</td>
<td></td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th>
<th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th>
<th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th>
<th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th>
<th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of $______.</th>
</tr>
<tr>
<td>10.49 %</td>
<td>$ 9,665.07</td>
<td>$ 24,806.25</td>
<td>$ 34,471.32</td>
<td>$ 34,471.32</td>
</tr>
</table>
Your Payment Schedule Will Be: (e) means an estimate
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>78</td>
<td>$ 441.94</td>
<td>MONTHLY beginning 01/24/2022</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $ ___27.00___ or ___5___% of the part of the payment that is late, whichever is greater.
Prepayment. If you pay early, you will not have to pay a penalty.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including $ N/A sales/excise tax) $ 20,853.00
2 Total Downpayment =
<table>
<tr>
<th>Trade-in</th>
<th>(Year)</th>
<th>(Make)</th>
<th>(Model)</th>
<th>Gross Trade-In Allowance</th>
<th>Less Pay Off Made By Seller to</th>
<th>Equals Net Trade In</th>
<th>+ Cash</th>
<th>+ Other</th>
<th>+ Other</th>
<th>+ Other</th>
<th>total downpayment</th>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>$ N/A</td>
</tr>
</table>
(If total downpayment is negative, enter "0" and see 4J below)
3 Unpaid Balance of Cash Price (1 minus 2) $ 20,853.00
4 Other Charges Including Amounts Paid to Others on Your Behalf:
(Seller may keep part of these amounts):
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies.
Life $ N/A
Disability $ N/A
B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A
C Other Optional Insurance Paid to Insurance Company or Companies $ N/A
D Optional Gan Contract $ 844.25
Insurance. You may buy the physical damage insurance this contract requires (see back) from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked below.
If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions.
Check the insurance you want and sign below:
Optional Credit Insurance
[ ] Credit Life: [ ] Buyer [ ] Co-Buyer [ ] Both
[ ] Credit Disability: [ ] Buyer [ ] Co-Buyer [ ] Both
Premium:
Credit Life $ N/A
Credit Disability $ N/A
Insurance Company Name N/A
Home Office Address N/A
Credit Life Insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below.
Other Optional Insurance
[ ] Type of Insurance N/A
Premium $ N/A
Insurance Company Name N/A
Home Office Address N/A
Type of Insurance N/A Term
B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A
C Other Optional Insurance Paid to Insurance Company or Companies $ N/A
D Optional Gap Contract $ 844.25
E Official Fees Paid to Government Agencies
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
F Government Taxes Not Included In Cash Price $ N/A
G Government License and/or Registration Fees N/A
LICENSE AND/OR REG FEES $ 10.00
H Government Certificate of Title Fee $ N/A
Other Charges (Seller must identify who is paid and describe purpose.)
to N/A for Prior Credit or Lease Balance $ N/A
to BATTSION HONDA for DOC FEE $ 399.00
to USMC VSC for SERVICE CONTRACT $ 2,700.00
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to N/A for N/A $ N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $ 3,953.25(4)
5 Amount Financed (3 + 4) $ 24,806.25(5)
Home Owner's Address N/A
N/A N/A
Type of Insurance Term Premium $
Insurance Company Name N/A
N/A
Home Office Address N/A
N/A
Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost.
I want the insurance checked above.
X N/A N/A
Buyer Signature Date
X N/A N/A
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge of $ 25.00 if any check you give us is dishonored.
☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI Insurance): If the preceding box Is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance Is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI insurance is obtained. If you elect to purchase VSI insurance through the creditor, the cost of this insurance is $ N/A and is also shown in item 4B of the itemization of Amount Financed. The coverage is for the initial term of the contract. Any insurer issuing VSI insurance waives its rights to subrogation against the Buyer.
OPTION: ☐ You pay no finance charge if the Amount Financed, Item 5, Is paid in full on or before N/A , Year N/A . SELLER'S INITIALS N/A
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in item 4D of the itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It Is a part of this contract.
Term 78 Mos. GAPPLUS Name of Gap Contract
I want to buy a gap contract.
Buyer Signs X Linda Espinoza
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs X Linda Espinoza Buyer Signs X N/A
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs X Linda Espinoza Date 12/10/2078 Co-Buyer Signs X N/A Date N/A
EXHIBIT A
<table>
<tr>
<th>USWC VSC</th>
<th>SERVICE CONTRACT</th>
<th>$2,702.00</th>
<th>X N/A</th>
<th>N/A</th>
<th>Co-Buyer Signature</th>
<th>Date</th>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>$N/A</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="3">Total Other Charges and Amounts Paid to Others on Your Behalf $3,953.25(4)</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<th colspan="3">Amount Financed (3 + 4) $24,806.25(5)</th>
<th></th>
<th></th>
<th></th>
<th></th>
</tr>
</table>
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge of $25.00 if any check you give us is dishonored.
VENDOR'S SINGLE INTEREST INSURANCE (VSI Insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI Insurance through the Creditor, the cost of this Insurance is $N/A and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Any insurer issuing VSI insurance waives its rights to subrogation against the Buyer.
OPTION: [ ] You pay no finance charge if the Amount Financed, Item 5, is paid in full on or before _________, Year_________ . SELLER'S INITIALS _N/A_
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract.
Term 78 Mos. GAPWISE Name of Gap Contract
I want to buy a gap contract.
Buyer Signs X ANNA ESPINOZA
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs X ANNA ESPINOZA Co-Buyer Signs X N/A
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Prints: ANNA ESPINOZA Date 12/10/2023 Co-Buyer Printed Name N/A Date N/A
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Title N/A
Co-Buyers and Other Owners - A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner signs here X N/A Address N/A Title
Seller signs BATTISON HONDA Date 12/10/2023 Title
Seller assigns its interest in this contract to COMMUNICATION FEDERAL CREDIT UNION (Assignee) under the terms of Seller's agreement(s) with Assignee.
Assigned with recourse [ ]
Assigned without recourse XX Assigned with limited recourse [ ]
EXHIBIT A ORIGINAL LIENHOLDER
