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TULSA COUNTY • CJ-2026-1026

CF Ascent II Trust Serviced by Upgrade Inc. v. Lindsey Nelson

Filed: Mar 5, 2026
Type: CJ

What's This Case About?

Let’s be real: no one wakes up one morning and says, “You know what I want? To be sued by a trust with a name that sounds like a cryptocurrency scam.” But here we are. Lindsey Nelson, a regular person just trying to live her life in Broken Arrow, Oklahoma, is now the defendant in a lawsuit filed by something called CF Ascent II Trust, which sounds less like a financial entity and more like a failed boy band from the early 2000s. And for what? For not paying back a loan—$21,625 to be exact—that ballooned into a $23,507.01 demand. That’s not even the wildest part. The real kicker? This whole mess started on an app. Yes, folks, we are now at the point in human history where people get sued because they didn’t pay back money they got from tapping a few buttons on their phone. Welcome to the future.

So who are these players in this modern financial drama? On one side, we’ve got CF Ascent II Trust, a name so vague and corporate it could be the villain in a Michael Lewis exposé. This trust doesn’t hand out cash in person—it doesn’t even really exist in a tangible way. Instead, it’s serviced by Upgrade Inc., a fintech company that runs an online lending platform. Think of it like a digital loan vending machine: you click, you get money, and then—surprise!—you owe it back. On the other side is Lindsey Nelson, an individual with a mailing address in Broken Arrow, who apparently needed some cash and decided to go through Upgrade’s platform. No shady back-alley deals, no loan sharks with brass knuckles—just a woman, her smartphone, and a financial decision that’s now being litigated in Tulsa County District Court. They weren’t business partners. They weren’t friends. They weren’t even pen pals. It was a transaction: money for promise-to-pay-later. And now, that promise has turned into a lawsuit.

Here’s how it all went down, according to the filing. Lindsey Nelson used Upgrade Inc.’s online platform to apply for a loan. Upgrade, being the slick tech company it is, doesn’t actually lend the money itself. Instead, it connects borrowers with actual banks. In this case, Blue Ridge Bank—a real, FDIC-insured, doesn’t-have-a-cyberpunk-name bank—approved and funded the loan in the amount of $21,625. That’s not chump change. We’re talking about enough money to buy a used car, make a down payment on a house, or fund a very luxurious wedding. Whatever Lindsey needed it for—medical bills, home repairs, a spontaneous trip to Bali—we don’t know. The court filing doesn’t say. But what we do know is that she agreed to the terms, got the money, and started making payments. For a while, everything was fine. The machine was working. The algorithm was happy.

Then, on April 29, 2025—yes, that’s next year, which might be a typo, but we’ll roll with it—Lindsey stopped paying. Just… stopped. No explanation given in the petition, no dramatic letter, no missed payments with tearful excuses. She defaulted. And when that happened, the remaining balance—now $23,507.01, thanks to interest and fees—was “charged off,” which is banker-speak for “we’ve given up on getting paid the normal way, so now we’re suing you.” The plaintiff, CF Ascent II Trust (which, again, sounds like a hedge fund run by robots), claims it now owns the debt and is coming to collect. They’re not mad, they’re just disappointed—and also legally obligated to sue.

So why are we in court? Because, legally speaking, CF Ascent II Trust is making three big arguments. First: breach of contract. This one’s straightforward. Lindsey got a loan. She signed (digitally, probably) an agreement to pay it back. She didn’t. That’s a breach. It’s like borrowing your roommate’s laptop and then selling it on Craigslist—technically, you had permission at first, but you broke the deal. Second: unjust enrichment. This is the “you can’t keep stuff you didn’t pay for” argument. The trust is saying, “Hey, Lindsey got $21,625 and didn’t give it back. That’s not fair. She’s benefited at our expense.” It’s the legal version of “you can’t eat a sandwich and then refuse to pay for it.” Third: promissory estoppel, which is a fancy way of saying “you promised to pay, we relied on that promise, and now you’re ghosting us.” It’s not a formal contract claim, but more of a “come on, man, you said you’d pay” argument. All three are common in debt collection cases, but together, they paint a picture of a lender trying every legal angle to get its money back.

And what do they want? $23,507.01. Plus court costs. Plus interest. Plus attorney fees. That last one could add thousands more, depending on how long this drags on. Is $23,500 a lot? Well, yes and no. In the grand scheme of lawsuits, it’s not exactly Erin Brockovich territory. But for an individual? That’s life-altering money. That’s “I might have to move,” “I can’t afford my car,” or “I’m declaring bankruptcy” money. And let’s not forget—this case is being handled by a law firm based in Houston, Texas, suing someone in Tulsa, Oklahoma. That’s not just aggressive debt collection—that’s interstate litigation over a personal loan. This isn’t some mom-and-pop lender trying to recover a bad debt. This is a corporate machine, rolling in from out of state, ready to play hardball.

Now, here’s our take: the most absurd part of this whole thing isn’t that someone defaulted on a loan. That happens every day. It’s not even that a trust with a name that sounds like a rejected Marvel villain is suing someone. No, the real madness is how normal this has become. We live in a world where algorithms approve loans, debt gets sold to faceless trusts, and people get sued by entities they’ve never even heard of. Lindsey Nelson probably didn’t wake up thinking, “Today, I will enter into a binding financial agreement with CF Ascent II Trust.” She just needed money and clicked “accept.” And now she’s being hauled into court by a Texas law firm representing a financial black box. Where’s the human element? Where’s the conversation? The grace period? The “hey, we noticed you’re struggling, let’s work something out”? Instead, it’s straight to litigation. No warning. No mercy. Just a demand for $23,507.01 and a prayer for relief that sounds more like a corporate ultimatum.

Are we rooting for Lindsey? Honestly, yes. Not because she definitely deserves to keep the money—she did get a loan, after all—but because the system feels rigged. She borrowed from an app, the debt was sold to a trust, and now she’s being sued by a law firm hundreds of miles away. It’s less justice and more financial whack-a-mole. If she had stiffed a friend or ripped off a small business, that’d be one thing. But this? This is the machine eating the individual. And while we’re not saying people shouldn’t pay their debts, we are saying that when a loan turns into a lawsuit filed by “CF Ascent II Trust,” something’s gone off the rails. This isn’t civil court. It’s Capitalism: The Lawsuit. And honestly? We’re not sure anyone wins here—except maybe the lawyers.

Case Overview

$23,507 Demand Petition
Jurisdiction
District Court of Tulsa County, Oklahoma
Relief Sought
$23,507 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Breach of Contract Defendant breached contract by failing to make payments
2 Unjust Enrichment Defendant received benefits without paying
3 Promissory Estoppel Defendant made promise to pay but did not

Petition Text

631 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA CF ASCENT II TRUST ) Serviced by UPGRADE INC. ) Plaintiff, vs. LINDSEY NELSON ) Defendant. PLAINTIFF'S ORIGINAL PETITION COMES NOW Plaintiff, CF ASCENT II TRUST Serviced by UPGRADE INC. ("Plaintiff"), and for its causes of action against Defendant, LINDSEY NELSON states and alleges as follows: Parties 1. Plaintiff CF ASCENT II TRUST Serviced by UPGRADE INC. may be served with notice through its attorneys of record. 2. The Defendant, LINDSEY NELSON (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: 324 W ROANOKE ST BROKEN ARROW OK 74011. 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 Blue Ridge Bank, a Nationally-chartered FDIC insured bank. 7. The Defendant was issued a loan in the principal amount of $21,625.00. 8. Blue Ridge Bank funded the Defendant's loan and Plaintiff Upgrade Inc. serviced the Defendant's loan per the Borrower Agreement. 9. On or about April 29, 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 $23,507.01 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 $23,507.01. 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 sues 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 $23,507.01; 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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