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CADDO COUNTY • CJ-2020-00019

Ally Financial, Inc. v. Darrell Kauley

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s cut right to the chase: someone in Oklahoma owes $26,323.09 for a 2016 Chrysler — and the bank is suing the same person listed twice like it’s a legal copy-paste error from the gods of petty finance. That’s not just a typo waiting to happen; that’s a courtroom drama with all the suspense of a used car lot on a Tuesday afternoon.

Meet Darrell Kauley — or, as the court documents seem to believe, two Darrell Kauleys. In reality, there’s just one. He’s an individual living in Caddo County, Oklahoma, which honestly sounds like the kind of place where people still pay cash for trucks out of a cooler at a gas station. But Darrell didn’t go that route. No, he opted for the modern American dream: financing a car he couldn’t quite afford, and then, apparently, ghosting the payments like it was a bad Tinder date. On the other side of this legal rodeo? Ally Financial, Inc., the financial arm of car dealership capitalism, the entity that steps in when your credit score is too spicy for the bank but not spicy enough to get denied entirely. They’re represented by Jerome S. Sepkowitz — yes, that’s really his name — a lawyer from the firm Derryberry & Naifeh, LLP, which sounds less like a law office and more like a boutique bourbon distillery in Oklahoma City.

So what went down? Well, Darrell — singular, despite the filing’s insistence otherwise — bought a 2016 Chrysler. The exact model remains a mystery (was it a 300? A Town & Country minivan with questionable leather seats? A Pacifica that beeped every time he looked at it wrong?), but what we do know is that he didn’t pay for it. Not all of it, anyway. Ally Financial held the loan, meaning they were the ones fronting the cash to the dealership and then expecting Darrell to pay them back over time, plus interest, because nothing in life is free — especially not a mid-tier sedan with 150,000 miles on it.

At some point, Darrell stopped making payments. The document doesn’t say why — maybe he lost his job, maybe the car broke down, maybe he moved to a commune in New Mexico and renounced material possessions. We don’t know. What we do know is that Ally tried to collect, and when that failed, they repossessed the car — standard procedure. But here’s the kicker: when they sold the vehicle, the auction or resale price didn’t cover what Darrell still owed. That gap — the difference between what the car sold for and what was still outstanding on the loan — is called a deficiency balance. And in this case, that balance is $26,323.09. Let that sink in: they sold the car, and still came up $26k short. Either Darrell owed a mountain of money, or that Chrysler fetched less than a pallet of slightly used tires at a salvage yard.

Now, you might think, “Wait — how does a 2016 Chrysler leave a $26,000 hole?” And honey, welcome to the wild world of auto financing. People roll over old loans into new ones, add on warranties, service contracts, and “convenience fees” that aren’t convenient at all, and suddenly they owe more than the car is worth. It’s called being upside-down on your loan, and it’s a financial trap so common it should have its own reality TV show. Darrell likely owed way more than the car’s market value, and when Ally sold it, the math didn’t work out in his favor. So now, instead of just losing the car, he’s on the hook for cold, hard cash — and Ally wants every penny.

The legal claim here is as straightforward as a highway with no speed bumps: breach of contract. In plain English? Darrell signed a piece of paper promising to pay a certain amount every month. He didn’t. That’s it. That’s the whole case. No murder, no embezzlement, no dramatic betrayal — just a broken promise to pay money, which is somehow one of the most litigated things in America. Ally isn’t asking for punitive damages, they’re not demanding Darrell’s firstborn, they’re not even asking the court to make him apologize in a newspaper ad. They just want their money — $26,323.09, plus interest at 6.49% per year from the date of default, court costs, and a “reasonable attorney fee,” because even lawyers gotta get paid, even when they’re suing one guy listed twice in the same caption.

Now, is $26,000 a lot to sue over? Let’s put it in perspective. That’s not chump change. That’s a down payment on a house in some parts of Oklahoma. That’s two years of rent in a modest apartment. That’s a full year’s salary for someone making minimum wage. It’s not a “let’s take a weekend trip to Vegas” kind of sum — it’s a “I might need to declare bankruptcy” kind of number. And yet, it’s also not so astronomical that it shocks the conscience. This isn’t a corporate fraud case with eight zeros. It’s just… regular American debt drama. The kind that plays out in courtrooms every single day, where banks win almost every time because, let’s face it, they have lawyers and spreadsheets and infinite patience.

But here’s the real tea: the most absurd part of this whole thing isn’t the amount, or the car, or even the interest rate. It’s the fact that Darrell Kauley is listed as a defendant twice. “Darrell Kauley and Darrell Kauley.” Did the clerk sneeze while typing? Was there a moment of existential doubt — “Wait… could there be two Darrell Kauleys?” — before just doubling down? Or is this some legal strategy we’re not privy to, like summoning a doppelgänger for emotional support? It’s a glitch in the Matrix, a clerical ghost, a red flag so bright it should come with a warning label. And yet, no one corrected it. The petition was filed. The attorney signed it. The court accepted it. This is our legal system, people.

Our take? Look, we’re not here to defend deadbeat borrowers or glorify debt. If you sign a contract, you should honor it. But let’s also not pretend this isn’t a system rigged in favor of big financial institutions. Ally Financial isn’t losing sleep over $26k. They’re a multi-billion-dollar company that probably has a vending machine that dispenses cash. Meanwhile, Darrell — one Darrell, not two — might be choosing between paying this judgment or keeping the lights on. And while we don’t know his side of the story, we do know this: suing the same person twice in the same lawsuit is either a hilarious typo or a sign that someone wasn’t paying attention. Either way, it’s the kind of thing that makes you wonder if justice is being served — or if it’s just being processed, like a credit card charge at a drive-thru.

So who are we rooting for? Honestly? The truth. And maybe a better proofreader. Because if we can’t get the defendant’s name right, how can we trust the rest of the system? This isn’t Law & Order: SVU. It’s Law & Order: Missed Payments, and the real victim might just be basic accuracy.

(Disclaimer: We’re entertainers, not lawyers. This case is based on a real filing, but we’re here for the drama, not the legal advice. Don’t try to sue yourself. It won’t hold up in court.)

Case Overview

$26,323 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$26,323 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract non-payment of debt

Petition Text

287 words
IN THE DISTRICT COURT OF CADDO COUNTY STATE OF OKLAHOMA ALLY FINANCIAL, INC., Plaintiff, vs. DARRELL KAULEY and DARRELL KAULEY, Defendants. PETITION COMES NOW the Plaintiff, Ally Financial, Inc. ("Plaintiff"), and for its cause of action against the Defendants alleges and states as follows: 1. That the Defendants herein upon information are residents of Caddo County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 2. That Defendants, Darrell Kauley and Darrell Kauley, are indebted to Plaintiff for the sum of Twenty-Six Thousand, Three Hundred Twenty-Three and 09/100 Dollars ($26,323.09) as a result of the breach of contract for the purchase of a 2016 Chrysler vehicle. 3. Ally Financial, Inc. is the lawful holder of the contract and Defendants have failed, refused, and neglected to pay the same after due and proper demand thereof. 4. Plaintiff has complied with all the terms, conditions, and provisions of the contract and is duly empowered to bring this action. 5. Plaintiff is entitled to a judgment in its favor and against Defendants, Darrell Kauley and Darrell Kauley, for the total amount remaining due after the sale of the vehicle, such being $26,323.09; interest; court costs; and a reasonable attorney fee. WHEREFORE, PREMISES CONSIDERED, Plaintiff, Ally Financial, Inc., prays for judgment against the Defendants, Darrell Kauley and Darrell Kauley, in the sum of $26,323.09, with interest at the rate of 6.49% per annum from the date of default until paid, together with the court costs of this action and a reasonable attorney fee, and all other relief to which the Plaintiff may be entitled. Respectfully submitted, [Signature] Jerome S. Sepkowitz, OBA No. 8081 DERRYBERRY & NAIFEH, LLP 4800 North Lincoln Blvd. Oklahoma City, Oklahoma 73105 T: (405) 528-6569 F: (405) 528-6462 E: [email protected] ATTORNEY FOR ALLY FINANCIAL, INC. ATTORNEY'S LIEN CLAIMED
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.