CRAZY CIVIL COURT ← Back
MARSHALL COUNTY • CJ-2020-00012

MIDLAND CREDIT MANAGEMENT v. GARRY CLEMENS

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s cut right to the chase: someone in rural Oklahoma owes $11,759.93 for a debt so forgotten, so ghosted, so spectacularly ignored that a professional debt collector had to show up in court like a disappointed parent holding a report card they found in the couch cushions. Eleven thousand seven hundred fifty-nine dollars and ninety-three cents. Not $12,000. Not even $11,800. No — $11,759.93. That’s the kind of number that makes you wonder if someone actually added up the late fees on a spreadsheet while muttering, “No, sir, we go all the way to the penny.” This isn’t a murder mystery. There’s no missing body. But in the quiet, unglamorous world of civil court, this is the equivalent of a high-speed chase through a Walmart parking lot — petty, dramatic, and somehow deeply American.

So who are we talking about? On one side, we’ve got Garry Clemens — a man whose name sounds like a retired high school football coach who still wears his letterman jacket to PTA meetings. He lives in Marshall County, Oklahoma, which, for the uninitiated, is about as central to nowhere as you can get without accidentally crossing into Texas. Population? Tiny. Drama? Apparently, just enough. On the other side, we have Midland Credit Management — not a person, not a local business, but a debt buyer. These are the vultures — sorry, financial recovery specialists — who buy up old credit card debt for pennies on the dollar, then sue to collect the full amount like they’ve been personally wronged. Think of them as the antique dealers of the financial world: they buy your grandma’s dusty china set for $20 at an estate sale, then flip it on eBay for $500 claiming it’s “vintage.” Except here, the china set is Garry’s forgotten Cabela’s credit card.

And yes — this all started at Cabela’s. That’s right. The mecca of flannel, taxidermy, and guns you don’t need but suddenly desperately want after walking past the scent-eliminating deer spray for the third time. At some point, Garry Clemens got one of those “Apply in-store and get 15% off your first purchase!” credit cards. Maybe he bought a $200 hunting knife. Maybe it was a lifetime supply of bear mace. Maybe he went full Duck Dynasty and outfitted his entire family in camo from head to toe. Whatever happened, Capital One Bank (USA), N.A., doing business as Cabela’s, extended him credit on account number ending in 2926. And then… silence. Payments stopped. The account went dark. The emails went unanswered. The letters were probably used to light the fireplace during a particularly cold Oklahoma winter.

Fast forward: Capital One, like any sensible bank, eventually wrote off the debt. But instead of disappearing into the void, it got sold — likely for pennies — to Midland Credit Management, a company whose entire business model is built on the fact that people forget they owe money. Midland swoops in, files a petition, and says, “Hey, remember that thing you bought five years ago? Yeah, we’re here about that.” And now, thanks to interest, fees, and the magical compounding powers of financial negligence, what might have started as a few hundred bucks has ballooned into a crisp $11,759.93. That’s not just a hunting knife anymore — that’s a full-on survival bunker with a generator.

So why are we in court? Because Midland wants a judgment. In plain English: they want a judge to officially say, “Yes, Garry Clemens owes this money,” so they can then — if they choose — start garnishing wages, freezing bank accounts, or showing up at his door with a clipboard and a passive-aggressive smile. The legal claim? “Indebtedness.” Which sounds fancy, but really just means “you borrowed money and didn’t pay it back.” There’s no fraud, no breach of contract drama, no hidden clauses about elk-hunting insurance. Just a straightforward “you owe us, and we want it in writing.” The petition is so bare-bones it’s practically skeletal — two paragraphs, one reference to an “Affidavit of Account” (which we can’t see, but imagine a very serious-looking document with bolded totals), and a polite request for “such other relief as the Court may deem just and proper,” which is legalese for “and maybe a cookie while you’re at it.”

Now, let’s talk about the money. Is $11,759.93 a lot? Well, in Marshall County, Oklahoma, the median household income is around $45,000. So yes — that’s roughly a quarter of someone’s annual take-home pay. It’s not “buy a house” money, but it is “buy a very nice truck” money. Or “pay off your real debt” money. Or “take your entire extended family to Disney World and still have gas money left” money. It’s not a small sum, but it’s also not so astronomical that it makes you suspect embezzlement or a secret gambling ring in a bait shop. It’s just… a lot of money for someone who clearly stopped caring about their credit score sometime around the Obama administration.

And here’s the real kicker: Garry Clemens is not represented by a lawyer. Which means he either doesn’t know he’s being sued, doesn’t care, or is planning to show up in court wearing full camouflage and arguing that the Second Amendment protects him from credit card debt. Meanwhile, Midland has brought in the big guns — six attorneys from Love, Beal & Nixon, P.C., including William L. Nixon, Jr., whose bar number is listed like it’s a badge of honor. Six lawyers. For a debt collection case. That’s like sending a SWAT team to recover a library book. It’s overkill, but also… kind of impressive? These people have systems. They have processes. They probably have a flowchart titled “When to Escalate from Friendly Reminder to Full Legal Siege.”

Our take? Look, we’re not here to defend deadbeat behavior. If you charge $11,000 worth of outdoor gear and then ghost the bill, you’ve made your bed — now lie in it, preferably under a $200 overpriced tarp from Cabela’s. But the sheer audacity of Midland Credit Management — buying a scrap of debt for maybe $2,000, then demanding nearly twelve grand like they’re doing Garry a favor by not suing for more — is the kind of financial theater we can’t look away from. It’s not evil. It’s not even illegal. But it is the quiet, grinding machinery of American capitalism at work: someone’s misfortune becomes someone else’s profit margin, and the court system is just the referee holding a stopwatch.

And honestly? We’re rooting for the underdog. Not because Garry deserves a free pass, but because there’s something beautifully absurd about a man possibly being taken to court over a fishing rod he bought in 2016. If this goes to trial, we demand photographic evidence of the original purchase. Was it a gold-plated kayak? A diamond-encrusted deer call? Did he buy every single item in the Cabela’s catalog and try to ship it to a PO box in Antarctica?

Until then, we’ll be here, waiting for the next chapter in America’s favorite ongoing soap opera: Who, Exactly, Is Going to Pay for That Thing Nobody Remembers Buying?

Case Overview

$11,760 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$11,760 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 indebtedness default on credit account

Petition Text

163 words
IN THE DISTRICT COURT OF MARSHALL COUNTY STATE OF OKLAHOMA MIDLAND CREDIT MANAGEMENT, Plaintiff, vs. GARRY CLEMENS, Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for cause of action against the Defendant alleges and states: 1. CAPITAL ONE BANK (USA), N.A. CABELAS, provided credit to the defendant on account number XXXXXXXXXXXXX2926. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $11,759.93. An Affidavit of Account is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $11,759.93, with interest at the statutory rate, all court costs, and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 David Mueller,#18783 Harley L. Homjak, #019736 Neil Cooley, #033080 Peggy S. Horinek, #010344 Tracy Cotts Reed, #013577 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405/720-0565 Fax: 405/720-9570 E-Mail: [email protected]
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.