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KINGFISHER COUNTY • CS-2026-00035

Sunrise Banks National Association Serviced by Upgrade Inc. v. Sherrie Conn-Rouse

Filed: Mar 9, 2026
Type: CS

What's This Case About?

Let’s cut straight to the chase: a bank is suing a woman over $5,479.63 — not because she robbed a vault or ran a counterfeit operation, but because she stopped paying her loan. And yes, someone had to file fourteen pages of legalese to say, “Hey, Sherrie? You still owe us five grand.” Welcome to American debt court, where the stakes are low, the paperwork is high, and every missed payment gets its own dramatic courtroom saga.

Sherrie Conn-Rouse, a resident of Cashion, Oklahoma — a town so small it doesn’t even have a stoplight — once applied for a personal loan through Upgrade Inc., one of those sleek, tech-forward lending platforms that promise “instant decisions” and “no hidden fees.” You know the type: all smooth branding and algorithmic credit checks, like if a bank had a Tinder profile. But here’s the twist — the actual lender wasn’t Upgrade. Nope. It was Cross River Bank, a New Jersey-based financial institution that partners with fintech companies to do the “real banking” part while the tech bros handle the app design. Upgrade just serviced the loan, meaning they sent the reminders, processed the payments, and probably texted Sherrie when she was late. But legally? The money came from Cross River. And now, the debt is being pursued by Sunrise Banks National Association — which, despite the name, appears to be acting as some kind of assignee or debt collector in this case. Honestly, at this point, it’s less “who lent the money” and more “who’s currently holding the hot potato of unpaid debt?”

Somewhere along the line — probably after a few too many “Payment overdue!” emails — Sherrie stopped paying. According to the filing, she defaulted on April 10, 2025, which is either a typo or a glimpse into the future. (If it’s the latter, Sunrise Banks has cracked time travel and should really be focusing on more pressing issues, like fixing their calendar.) But assuming that’s a clerical error and she actually stopped paying in 2023 or 2024, the result is the same: the remaining balance of $5,479.63 was “charged off,” which sounds dramatic but really just means the bank gave up on collecting it the normal way and moved to Plan B: sue. Because nothing says “we believe in second chances” like hiring a Texas law firm to file a lawsuit in rural Oklahoma.

Now, you might think, “Wait — how do you sue someone for a loan they clearly agreed to?” Well, that’s exactly what Sunrise Banks is doing — but they’re throwing the whole legal kitchen sink at her. The petition lists three claims: breach of contract, unjust enrichment, and promissory estoppel. Let’s break that down like we’re explaining it to a very tired jury at 4:45 PM on a Friday.

First, breach of contract — the legal version of “you said you’d pay, but you didn’t.” Sherrie signed a Borrower Agreement (likely with a few taps on her phone), got $10,000, and agreed to pay it back in installments. She didn’t. Boom. Breach. Simple enough.

Then there’s unjust enrichment — which sounds like a self-help book but is actually the court saying, “You got something valuable and didn’t pay for it, so that’s not fair.” The argument here is that Sherrie benefited from the loan (she got the cash, after all), and it would be unconscionable — yes, that’s a real legal word — for her to keep the money and not repay it. As if she’s out here sipping margaritas on a beach funded by defaulted loans. (We have no evidence of this. But it’s fun to imagine.)

And finally, promissory estoppel — the legal equivalent of “you led me to believe you’d do the right thing!” This one’s a little more dramatic. It means that even if there’s no formal contract (there is), Sherrie promised to pay, Sunrise relied on that promise, and now they’re hurt because she didn’t follow through. It’s like if you tell your roommate you’ll cover rent this month, they stop looking for a second job, and then you ghost them. Emotionally messy. Legally, a stretch — but they’re throwing it in anyway, just in case.

So what does Sunrise Banks want? $5,479.63 — the unpaid balance — plus court costs, interest, and attorney’s fees. Is that a lot of money? In the grand scheme of lawsuits, it’s barely a blip. It’s less than the average American spends on coffee in a year. It’s the cost of a used car with questionable mileage. It’s one semester at a community college. But for Sherrie, who lives in a part of Oklahoma where the median income isn’t exactly Wall Street-level, $5,500 could be several months’ worth of bills. And yet, from the bank’s perspective? This is just business. A number on a spreadsheet. A defaulted account that needs to be cleared.

Here’s the wildest part: this case probably never goes to trial. Most debt collection lawsuits like this end one of two ways — either the defendant doesn’t show up (and the bank wins by default), or they settle for less. Sherrie might not even know she’s being sued. The petition says she can be served at her Cashion address “or wherever she may be found,” which sounds like something a detective would say in a noir film. But realistically, she might get a notice in the mail, panic, call a lawyer she can’t afford, and eventually agree to pay back some portion of the debt just to make it go away. That’s how these things usually play out. No jury. No dramatic courtroom showdown. Just paperwork, pressure, and a quiet resolution that changes someone’s financial life forever.

And let’s talk about the law firm, shall we? Rutledge Law Firm, P.C. — based in Houston, Texas — is representing a national bank in an Oklahoma debt case. That’s not unusual — debt collection is big business, and firms like this specialize in filing dozens, if not hundreds, of these suits a month. W. “Will” Rutledge, Esq., with his OBA number proudly displayed like a badge of honor, is likely not losing sleep over Sherrie Conn-Rouse. To him, this is just another file, another billable moment in the endless churn of consumer debt. But to her? This lawsuit could affect her credit, her ability to rent an apartment, even her job prospects. The imbalance is staggering.

So what are we rooting for? Honestly? We’re rooting for the system to make sense. We’re rooting for a world where a $5,000 loan doesn’t spiral into a court case that follows someone for years. We’re rooting for transparency — for people to know exactly who they’re borrowing from, who’s collecting, and what happens if they fall behind. And we’re rooting for Sherrie — not because she definitely deserves to keep the money, but because the whole setup feels like a game rigged in favor of the lenders. You get a loan through an app that looks like it was designed by Silicon Valley wizards, only to be sued by a bank you’ve never heard of, represented by a lawyer from another state, over a debt that may have ballooned with fees you didn’t fully understand.

This isn’t a murder mystery. There’s no twist ending. Just a woman, a loan, and a legal machine that keeps running — long after the money’s gone.

Case Overview

Petition
Jurisdiction
District Court of Kingfisher County, Oklahoma
Relief Sought
$5,480 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of promissory note, breach of contract, unjust enrichment

Petition Text

636 words
IN THE DISTRICT COURT OF KINGFISHER COUNTY STATE OF OKLAHOMA SUNRISE BANKS NATIONAL ) ASSOCIATION Serviced by UPGRADE INC. ) Plaintiff, ) vs. ) ) Case No. CS 20Z16 . 35 ) SHERRIE CONN-ROUSE ) Defendant. ) JUDGE Schneiter ) PLAINTIFF'S ORIGINAL PETITION COMES NOW Plaintiff, SUNRISE BANKS NATIONAL ASSOCIATION Serviced by UPGRADE INC. ("Plaintiff"), and for its causes of action against Defendant, SHERRIE CONN-ROUSE states and alleges as follows: Parties 1. Plaintiff SUNRISE BANKS NATIONAL ASSOCIATION Serviced by UPGRADE INC. may be served with notice through its attorneys of record. 2. The Defendant, SHERRIE CONN-ROUSE (hereinafter referred to as "Defendant" or "Borrower") is an individual and former customer of Plaintiff's, residing within the venue of the above referenced court and may be served at the following address, or wherever the Defendant may be found: 24981 TRIPLE CROWN CASHION OK 73016. Jurisdiction & Venue 3. This Court has general and original jurisdiction over Plaintiff's claims, including its claims for breach of promissory note, breach of contract, and unjust enrichment. Furthermore, Plaintiff has sustained damages and other losses in excess of the amount required to invoke this Court's jurisdiction. 4. Venue is proper in this county pursuant to Oklahoma law because it is: (1) where Defendant resides; (2) where the statement of account, contract, promissory note or other instrument of indebtedness originated; (3) where the Defendant is subject to personal jurisdiction; and (4) where many acts giving rise to this cause of action occurred. 12 OK Stat § 142. 5. All conditions precedent to instituting this action have occurred, been performed, were waived or have otherwise been satisfied. Factual Background 6. Upgrade, Inc. operates a technology powered online marketplace which enables consumers to apply for and obtain loans that are originated and funded by lenders through the Upgrade platform. The Defendant utilized Upgrade, Inc.’s, national online consumer loan marketplace to enter into a Borrower Agreement with Cross River Bank, a New Jersey-chartered FDIC insured bank. 7. The Defendant was issued a loan in the principal amount of $10,000.00. 8. Cross River Bank funded the Defendant's loan and Plaintiff Upgrade Inc. serviced the Defendant's loan per the Borrower Agreement. 9. On or about April 10, 2025, Defendant ceased making payments, and thus, defaulted on the obligations as stated in the contract. The remaining balance due by Defendant in the amount of $5,479.63 was charged off. Breach of Contract 10. Paragraphs 1-9 are incorporated by reference as if fully set forth herein.. 11. Defendant utilized the Plaintiff’s services to enter into a valid and enforceable contract under which money was extended to Defendant. 12. Defendant breached the contract by failing to make payments as agreed. 13. Defendant's breach caused the entire balance due to be charged off as an economic loss. Plaintiff now seeks liquidated damages in the amount of $5,479.63. Unjust Enrichment 14. Paragraphs 1 through 13 are incorporated by reference. 15. Defendant knowingly and willingly accepted and received monies and/or benefits unjustly and should make restitution for those monies and/or benefits. 16. Defendant has received an unfair benefit by the refusal to repay what is owed. Equity requires that Defendant not retain the benefit of these sums owed. Further, it would be unconscionable for Defendant to retain the monies and/or benefits obtained. 17. Plaintiff is entitled to judgment against Defendant to recover the value of the benefit conferred, interest costs and attorney fees. Promissory Estoppel 18. Plaintiff also sue under the equitable action of promissory estoppel in that Defendant made a promise to pay. Defendant's promise resulted in detrimental reliance. Prayer For Relief WHEREFORE, Plaintiff prays this Honorable Court grant judgment in favor of Plaintiff and against Defendant for the following: a. The balance due in the amount of $5,479.63; b. all court costs; c. post-judgment interest as permitted by law; d. reasonable and necessary attorney's fees; and e. such other relief plaintiff may be entitled to at law or equity. Respectfully submitted, Rutledge Law Firm, P.C. By: ______________________________ W. “Will” Rutledge, OBA #36346 2603 Augusta Drive Suite #500 Houston, Texas 77057 833-856-4700 832-843-0699 facsimile [email protected] ATTORNEYS FOR PLAINTIFF
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