CS-2026-389 - K&M TIRE, INC. v. GOLDEN TRIANGLE TRUCKING, LLC

What's This Case About?

Let’s cut right to the chase: a tire company in Oklahoma is suing a trucking firm — and its owner, Bonnie Cabelka — for $7,000 in unpaid bills, and the whole thing hinges on a single piece of paper signed in 2018 that basically says, “If this business tanks, I’ll pay.” That’s it. No stolen trucks. No forged documents. No dramatic midnight repossession. Just seven grand, some overdue invoices, and one very determined tire supplier who’s apparently done playing nice. Welcome to the high-stakes world of commercial credit disputes, where the drama isn’t in the crime — it’s in the paperwork.

So who are these people? On one side, we’ve got K&M Tire, Inc., a tire wholesaler based in Illinois with a P.O. box, a credit department, and a zero-tolerance policy for late payments. They’re not some mom-and-pop corner shop changing your oil for a six-pack and a handshake — they’re in the business of selling tires at scale, and they do it on credit. Which means they extend trust, but only up to a point. And when that trust expires? They’ve got lawyers. Specifically, Reynolds, Ridings, Vogt & Robertson, P.L.L.C., a firm in Oklahoma City with a name that sounds like a law firm from a 1980s cop show. Their guy on this case is James Vogt, OBA #9243, and he’s not here to negotiate — he’s here to collect.

On the other side: Golden Triangle Trucking, LLC, a small trucking operation out of Lawton, Oklahoma — a city best known for Fort Sill and being approximately 90 minutes from anywhere else interesting. The company, apparently run by or connected to Bonnie Cabelka, was buying tires and services from K&M, racking up invoices over several months in early 2024. And Bonnie? She’s not just a name on a letterhead — she’s the person who, back in March 2018, signed a personal guaranty saying, “If my company doesn’t pay, I will.” That’s the legal grenade pin that’s now been pulled.

Here’s how we got here. Between February and April 2024, Golden Triangle Trucking ordered a series of goods and services from K&M Tire. The invoices are laid out in cold, hard numbers: a $937 charge in February, a $1,865 tire job, a $9,076 whopper on the same day — yes, over nine grand for what was presumably a fleet tire replacement. Add in a few service charges, and the total debt balloons to over $12,000. But K&M isn’t suing for the full amount — they’re asking for $7,000. Why? Because courts don’t like being flooded with every last penny of a debt unless it’s actually in dispute. Maybe some of the invoices were paid, maybe some are still pending, but the $7,000 is what K&M has deemed the unpaid, overdue balance they’re willing to fight for. Still, that $9,076 charge just sitting there, unpaid, is the kind of number that makes a credit manager lose sleep.

Now, you might think, “Hey, businesses fall behind on bills all the time. Why sue?” Well, because K&M didn’t just extend credit — they had rules. Their terms? Net 10th prox, which means “pay by the 10th of the next month.” Fail that? You’re hit with 2% monthly interest — that’s 24% APR, which is loan shark territory if you’re not careful. Plus, they reserve the right to charge back fees for bounced checks, to demand financial statements, and — most importantly — to come after the owners personally if the business can’t pay. And that’s exactly what they’re doing.

Because in 2018, Bonnie Cabelka didn’t just sign a credit application — she signed a personal guaranty, a legal promise that she would pay any debt Golden Triangle Trucking incurred with K&M Tire. It’s the financial equivalent of saying, “Put my house on the line.” The document is chilling in its clarity: “absolutely and unconditionally personally guarantee the full and punctual payment of any obligation.” She waived her right to be notified of defaults. She waived her right to sue the company later to get reimbursed. She even waived her right to ask for mercy. This wasn’t a casual “I’ll help if I can” — it was a full-body legal surrender to the possibility of personal liability.

And now, nearly seven years later, that promise is being called in. K&M Tire isn’t just suing the LLC — they’re suing Bonnie Cabelka by name, demanding she pay up, jointly and severally, meaning either party could be forced to cover the whole $7,000. They want interest at 6% from July 4, 2025 (the filing date — which is oddly in the future as of this writing, but hey, maybe they’re time travelers), plus attorney fees and court costs. Is $7,000 a lot? For a tire company, maybe not — it’s less than the cost of a single high-end commercial tire set. But for a small trucking firm operating on thin margins, it could be the difference between staying on the road and getting towed to the scrap yard. And for an individual? $7,000 plus interest and legal fees could mean a second mortgage, a drained savings account, or a very awkward family dinner.

So why are they in court? Because this isn’t about the tires. It’s about the contract. K&M Tire is making two claims: first, that Golden Triangle Trucking owes them money for goods sold and delivered — a straightforward debt claim. Second, that Bonnie Cabelka personally guaranteed that debt, so she’s on the hook too. That second claim is the nuclear option. Most small business owners think, “My LLC protects me!” And usually, it does — until you sign something like this. The personal guaranty is the legal trapdoor that turns limited liability into unlimited liability. And once it’s triggered, courts usually enforce it. No drama. No excuses. Just: You signed it. You pay.

Now, let’s talk about the most absurd thing here. It’s not the $7,000. It’s not even the fact that someone’s getting sued over tires. It’s that this entire legal battle — the lawyers, the court filing, the personal liability — all hinges on a form that Bonnie Cabelka signed seven years ago, likely without reading it, probably during the hopeful early days of her business, when $7,000 felt like a manageable risk. She may have thought, “I’ll never default. My business will grow. I’ll pay on time.” And maybe she did — for years. But one bad quarter, one delayed payment, one missed invoice, and boom — the guaranty activates. The tire company’s lawyers dust off the file, run a credit check (yes, they’re allowed to do that, per the ECOA notice), and drop the lawsuit like a ton of — well, tires.

Our take? We’re rooting for clarity. Not for K&M, not for Bonnie, but for every small business owner who’s ever signed a stack of paperwork without realizing they were putting their house on the line. This case is a perfect example of how mundane, boring, boring legal documents can come back to haunt you years later. It’s not flashy. There’s no betrayal, no fraud, no scandal. Just a debt, a signature, and a reminder that in the world of small business, the fine print isn’t just there to look official — it’s there to collect. And K&M Tire? They’re not being evil. They’re just doing what any creditor does when the music stops: they’re calling the check. Whether Bonnie Cabelka thought she was signing a promissory note or just a formality, the court will likely say: You wrote your name. Now pay up.

Case Overview

$7,000 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

James Vogt

REYNOLDS, RIDINGS, VOGT & ROBERTSON, P.L.L.C.

Relief Sought

$7,000 Monetary

Plaintiffs

K&M TIRE, INC. business
Rep: REYNOLDS, RIDINGS, VOGT & ROBERTSON, P.L.L.C.

Defendants

GOLDEN TRIANGLE TRUCKING, LLC business
BONNIE CABELKA individual

Claims

#	Cause of Action	Description
1	debt for goods sold and delivered	plaintiff seeks judgment against defendants for $7,000.00 with interest
2	personal guaranty	plaintiff alleges defendant Bonnie Cabelka personally guaranteed payment of any debt incurred by Golden Triangle Trucking, LLC

Petition Text

1,548 words

IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA K&M TIRE INC., Plaintiff, vs. GOLDEN TRIANGLE TRUCKING, LLC and BONNIE CABELKA, personal guarantor, Defendants. PETITION FIRST CAUSE OF ACTION COMES NOW the plaintiff and for its First Cause of Action against the defendant, Golden Triangle Trucking, LLC and alleges and states: 1. Defendant is indebted to the plaintiff in the sum of $7,000.00 on account for goods, wares and merchandise sold and delivered by plaintiff to defendant as set forth on the Statement attached as Exhibit "A". Plaintiff is entitled to judgment of said amount together with interest at the rate of 6% per annum from July 4, 2025 to date of judgment and at the rate established by 12 O.S. § 727.1 after judgment until paid. SECOND CAUSE OF ACTION COMES NOW the plaintiff and for its Second Cause of Action against the defendant, Bonnie Cabelka, alleges and states: 2. Plaintiff realleges and restates all those allegations in paragraph 1 of plaintiff’s First Cause of Action. 3. On or about March 27, 2018 the defendant, Bonnie Cabelka, for good and valuable consideration, executed and delivered to plaintiff a personal guaranty, a copy of which is attached hereto and marked Exhibit "B". The defendant, Bonnie Cabelka, personally guaranteed to pay any debt that the defendant, Golden Triangle Trucking, LLC, might incur with the plaintiff. WHEREFORE, plaintiff prays judgment against the defendants, Golden Triangle Trucking and Bonnie Cabelka, jointly and severally, for the sum of $7,000.00 with interest thereon at the rate of at 6% from July 4, 2025 until judgment and thereafter at the rate established by 12 O.S. § 727.1 until paid, for plaintiff's costs of this action including a reasonable attorney fee, and all other relief the Court deems just and proper. REYNOLDS, RIDINGS, VOGT & ROBERTSON, P.L.L.C. By: ____________________________ James Vogt, OBA #9243 Attorneys for Plaintiff 101 Park Avenue, Suite 1010 Oklahoma City, OK 73102 (405) 232-8131 Phone (405) 232-7911 Facsimile [email protected] STATEMENT REMIT PAYMENT TO: K&M TIRE P.O. BOX 7580 CAROL STREAM, IL 60197-7580 $GOLDEN TRIANGLE TK 6404 SE LEE BLVD LAWTON, OK 73501- <table> <tr> <th>Invoice No.</th> <th>Date</th> <th>Due Date</th> <th>Reference</th> <th>Original Amount</th> <th>Amount Remaining</th> </tr> <tr> <td>0014767585</td> <td>02/20/24</td> <td>03/01/24</td> <td></td> <td>937.00</td> <td>139.00</td> </tr> <tr> <td>0014767585</td> <td>02/27/24</td> <td>00/00/00</td> <td>PMCT 022724 APC</td> <td>798.00-</td> <td>0.00</td> </tr> <tr> <td>0014774160</td> <td>02/29/24</td> <td>03/10/24</td> <td></td> <td>1865.40</td> <td>1865.40</td> </tr> <tr> <td>0014774164</td> <td>02/29/24</td> <td>03/10/24</td> <td></td> <td>9076.00</td> <td>9076.00</td> </tr> <tr> <td>0014791226</td> <td>03/27/24</td> <td>04/06/24</td> <td></td> <td>598.44</td> <td>598.44</td> </tr> <tr> <td>0000000034</td> <td>03/31/24</td> <td>04/10/24</td> <td>SRV CHG</td> <td>221.60</td> <td>221.60</td> </tr> <tr> <td>0000000035</td> <td>04/30/24</td> <td>05/10/24</td> <td>SRV CHG</td> <td>233.57</td> <td>233.57</td> </tr> </table> <table> <tr> <th>Future</th> <th>Current</th> <th>01-30</th> <th>31-60</th> <th>Over 61</th> <th>Total Due Now</th> </tr> <tr> <td>0.00</td> <td>0.00</td> <td>233.57</td> <td>820.04</td> <td>11080.40</td> <td>12134.01</td> </tr> </table> 801218 $GOLDEN TRIANGLE TK FOR A K&M TIRE ACCOUNT PLEASE CONTINUE. Trade References, Current, and Previous: Name Address City, State, Zip Code Phone & Fax # (Required) Friend Tire DE.BY 498 Monee, IL 60516 417-235-7236 /417-235-3463 Tire Partners 207 Royal Lane Dallas, TX 75229 972-330-2555/972-330-2599 Tubbs Auto 3025 W Reno OKC, OK 73127 405-445-5454/405-445-4265 The following ACCOUNT INFORMATION is required in order to properly evaluate your financial statements. Number of Locations?_________ Estimated Annual Purchases From K&M Tire? ______ $ If credit limit request is over $25,000, copies of your two (2) most recent fiscal year end financial statements, including balance sheet and profit and loss statement, are required to process this Credit Application and will be required annually if an account is established. Please attach financial statements to this form or mark "Confidential" and mail to: K&M Tire Attn: Credit Department, P.O. Box 279 Delphos, Ohio 45833. Terms and Conditions (must be signed in order to get an account) In the event credit is extended, the applicant agrees as follows: 1. Applicant agrees to make payments of all invoices per terms of Net 10th prox. unless otherwise stated on the face of the invoice to seller's address and on any balances outstanding from time to time; in the event of a default or timely payment by the applicant to pay the outstanding principal balance plus accrued interest and expenses on demand as follows: a. To pay interest on any unpaid balance not paid within the time provided by the invoice at the rate of 2% monthly or max. rate permitted by law. b. In the event of default in the acceptance of goods or services ordered or in the payment for goods or services received, to pay all costs, expenses, including reasonable attorney's fees, incurred in remedying the default or the enforcement of any rights possessed by seller. c. Any check returned to seller as non sufficient funds will be charged an additional fee at the highest lawful rate. 2. Shipments may be held if my account is delinquent or exceeds my established line of credit. 3. Applicant agrees to provide seller with sixty (60) days notice of its intention to sell all of its assets 4. Applicant agrees to pay 2% of stated payment amount for Visa, MasterCard, American Express and/or Discover credit card debit card purchases (Credit card fees charged subject to state law) To secure payment and performance of all obligations Debtor hereby grants to Secured Party a continuing purchase money security interest in all inventory, equipment, and goods manufactured by or distributed by Secured Party, wherever located, now owned and hereafter acquired including but not limited to all products distributed and sold by K&M Tire Inc; and all proceeds from the sale thereof, and all arising or subsequently arising, accounts and accounts receivable and supporting obligations which may from time to time hereafter come into existence during the term of this Security Agreement. Secured Party's purchase money security interest is explicitly limited to outstanding obligations between K&M Tire and Debtor. By signing this document, I the undersigned verify that all information contained herein is true and accurate to the best of my knowledge. Any falsification or omitted information gives the credit grantor grounds to terminate any and all charge privileges. By signing this document, I the undersigned verify that all information contained herein is true and accurate to the best of my knowledge. Any falsification or omitted information gives the credit grantor grounds to terminate any and all charge privileges. **Photocopies will hold applicant liable for the same Terms & Conditions as stated in the Original Documentation** Owners, Partners, or Officers of the Corporation must sign below: Printed Name Signature Date Bonnie Cabelta Bonnie Cabelta 3/27/18 Printed Name Signature Date Bonnie Cabelta Bonnie Cabelta Printed Name Signature Date Bonnie Cabelta Bonnie Cabelta In consideration of seller extending credit to applicant (hereinafter referred to as the "company") we the undersigned, absolutely and unconditionally personally guarantee the full and punctual payment of any obligation of the company as we hereby bind ourselves to pay you on demand any sum including all costs of collection and reasonable attorney's fees which may become due to you by the company whenever the company shall fail to pay the same. It is understood that this guarantee shall be continuing and irrevocable guarantee and indemnity for such indebtedness of the company. We do hereby by written notice of demand, protest or default and consent to any modification or renewal of the credit agreement hereby guaranteed. This guarantee shall be binding on guarantor's heirs, personal representatives, successors, and assigns, and shall insure to the benefit of seller, its successors and assignees. Each guarantor also hereby waives any claim, right or remedy which such guarantor may now have or hereafter acquire against the (debtor). That arises hereunder and/or from the performance by any guarantor hereunder including, without limitation any claim, or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in claim, right of recovery of offsetted debt against the (debtor)...or any security with the creditor now has or hereafter acquired, whatever or whateach claim, right arises in equity, under contract by state, under common law or otherwise. The undersigned personal guarantor, recognizing that his/her individual visual credit history may be a necessary factor in the evaluation of this personal guarantee, hereby consents to and authorizes the use of a consumer credit report on the undersigned, by the above named business credit grantor, from time to time as may be needed, in the credit evaluation process. **Photocopies will hold applicant liable for the same Guarantee as stated in the Original Documentation** Printed Name Signature Witness #1 Bonnie Cabelta Bonnie Cabelta Printed Name Signature Witness #2 Bonnie Cabelta Bonnie Cabelta ECOA NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against Credit Applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the Credit Applicants has the capacity to enter into a binding contract); because all or part of the Credit Applicant's income derives from any public assistance program; or because the Applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 8th and Pennsylvania Avenue NW, Washington, D.C. 20550