BEAVER COUNTY • CJ-2025-00010
Westlake Services, LLC v. Christian Aguilar
What's This Case About?
Let’s be real: how does a used 2014 Chevy Silverado — a truck so old it predates the iPhone 6 — leave a man $17,096.50 in debt after the thing has already been repossessed and sold? That’s not a car payment. That’s a down payment on a house in some parts of Oklahoma. Welcome to Crazy Civil Court, where the stakes are high, the vehicles are older than your regrets, and the math makes less sense than a TikTok conspiracy theory.
Our story begins, as so many financial tragedies do, with a man named Christian Aguilar — a resident of Beaver County, Oklahoma, which, despite the name, is not actually a giant farm for beavers (though at this point, maybe it should be). Christian, like many Americans, needed a way to get from point A to point B without relying on the kindness of strangers or the unreliable bus system of rural Texas. So, on January 7, 2022, he walked into James Mears Motors Inc. — a dealership located not in Oklahoma, but in Tibbetts, Texas, because apparently, Beaver County didn’t have enough car drama of its own. There, he signed on the dotted line for a 2014 Chevrolet Silverado. Now, before you scoff, remember: a 2014 Silverado is not some ancient relic. It’s got character. It’s seen things. It probably still runs on diesel and spite. But it is, by any reasonable measure, a ten-year-old truck at the time of purchase.
The deal? Christian financed $24,562.43 at a cool 11.99% interest — which, for context, is the kind of rate usually reserved for people who pay their bills in Monopoly money. The total cost of this financial adventure? A jaw-dropping $32,937.05 over 60 months, with monthly payments of $588.95. That’s nearly six hundred bucks a month for a used pickup that, in 2022, was already worth less than half of what he was borrowing. But hey, credit is credit, and sometimes you just need wheels, even if those wheels come with a side of long-term debt servitude.
Now, here’s where things go off the rails. The contract — a dense, 18-page legal labyrinth that looks like it was written by a robot with a vendetta — clearly states that Christian granted a security interest in the vehicle. That’s legalese for “if you don’t pay, we’re taking the truck.” And eventually, that’s exactly what happened. Christian stopped making payments. The filing doesn’t say why — maybe the transmission blew, maybe the job dried up, maybe the truck developed a ghost — but the result was the same: default. And when you default on a car loan, the repo man cometh.
So, the 2014 Silverado (VIN: 3GCUE3ED9KD465299, in case you’re shopping) was repossessed and sold at auction. Now, in a fair world, that sale would cover the remaining balance. But in the world of auto financing, fairness is not on the menu. After the auction, Westlake Services, LLC — a shadowy financial entity that bought the loan contract from the original lender — crunched the numbers and said, “Huh. You still owe us $17,096.50.” That includes $16,036.37 in principal, $922.48 in interest, and $137.25 in “costs and expenses” — which, let’s be honest, probably includes the repo guy’s gas money and maybe a sandwich.
And so, on October 1, 2025, Westlake, represented by attorney James W. Rusher of Albright, Rusher & Hardcastle (a firm name that sounds like a Western saloon), filed a Petition for Indebtedness in the Beaver County District Court. Their claim? Simple: Christian Aguilar owes them money, and they want it. Not a negotiation. Not a payment plan. A full judgment for $17,096.50, plus interest at 6% per year, plus court costs, and — because why not — attorney’s fees. They’re not asking for punitive damages or an injunction. They’re not demanding Christian write a public apology or return the truck’s dignity. They just want the cash. Cold, hard, and legally enforceable.
Now, let’s talk about what $17,000 actually means in this context. For most people in rural Oklahoma, that’s more than half a year’s salary at minimum wage. It’s two used cars. It’s a year of rent in a decent apartment. It’s not just “a lot.” It’s life-altering money. And the fact that it’s being demanded after the collateral — the very thing that secured the loan — has already been seized and sold? That’s the kind of detail that makes personal finance experts weep into their spreadsheets.
Westlake’s argument hinges on something called a deficiency balance — the gap between what the car sold for at auction and what was still owed. It’s a common practice in auto lending, but it’s also one of the sneakiest traps in consumer finance. You think you’re just losing your car? Nope. You’re also on the hook for thousands of dollars you never even got to spend. And thanks to the magic of interest and fees, that number can balloon faster than a tire on a highway.
Christian Aguilar, for his part, hasn’t filed a response — at least not yet. He’s not represented by an attorney, which means he’s either planning to fight this alone, settle quietly, or just hope it goes away. (Spoiler: it won’t.) The case is still in its early stages, but if history is any guide, this kind of debt collection lawsuit usually ends one of two ways: either a default judgment for the plaintiff, or a negotiated settlement for slightly less. Either way, someone’s going to walk away bruised.
So what’s the most absurd part of this whole saga? Is it that a 2014 truck generated nearly $33,000 in payments? Is it that the lender still wants $17K after selling the asset? Is it that the interest rate is higher than the annual growth rate of the U.S. economy? Honestly, it’s all of it. But the real kicker is the arbitration clause buried in the contract — 18 pages of fine print that says any dispute must be settled in arbitration, not court, and that Christian waives his right to a class action. So if this is a predatory loan, and if dozens of other people got screwed the same way, he can’t band together with them. He’s on his own. And Westlake? They’re not just suing for money. They’re enforcing a system designed to keep people like Christian in perpetual debt.
Look, we’re not here to defend missed payments. If you sign a contract, you should honor it. But let’s not pretend this is just about personal responsibility. This is about an industry that profits from desperation, that sells mobility at the price of financial ruin, and then sends the repo man before the ink on the loan is dry. And when the car’s gone, they come after you anyway.
We’re rooting for transparency. For fairness. For a world where a used truck doesn’t cost more than a new one. And maybe, just maybe, for Christian Aguilar to get his day in court — not arbitration, not a backroom settlement, but a real hearing where someone asks: How did we get here? Because if we don’t, the next $17,000 truck debt is already being financed. And the next. And the next.
We’re entertainers, not lawyers. But even we know this math doesn’t add up.
Case Overview
$17,097 Demand
Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$17,097 Monetary
Plaintiffs
-
Westlake Services, LLC
business
Rep: James W. Rusher, OBA #11501
Defendants
-
Christian Aguilar
individual
Rep: null
Claims
| # | Cause of Action | Description |
|---|---|---|
| 1 | Petition for Indebtedness | Recovery of debt for motor vehicle loan |
Petition Text
6,149 wordsIN THE DISTRICT COURT IN AND FOR BEAVER COUNTY, STATE OF OKLAHOMA
WESTLAKE SERVICES, LLC,
doing business as,
WESTLAKE FINANCIAL SERVICES
Plaintiff,
vs.
CHRISTIAN AGUILAR,
Defendant.
Case No. CJ-2025-10
PETITION FOR INDEBTEDNESS
Plaintiff, Westlake Services, LLC doing business as Westlake Financial Services ("Westlake"), for its claims against the Defendant, Christian Aguilar, ("Defendant"), alleges and states as follows:
1. Westlake is a foreign corporation.
2. Defendant is an individual who resides in Beaver County, State of Oklahoma.
3. This Court has jurisdiction over the claim asserted herein and venue is proper in this Court as the contract at issue was entered into in Beaver County, State of Oklahoma.
4. On or about January 7, 2022, Defendant entered into a Motor Vehicle Retail Installment Sales Contract ("Contract") with James Mears Motors Inc. ("Dealer") pursuant to which Defendant purchased a 2015 Chevrolet Silverado and financed the sum of $24,562.43 to be paid at 11.99% interest in 60 installments. A true and complete copy of the Contract is attached hereto as Exhibit "1."
5. Pursuant to the terms of the Contract, Defendant granted a security interest in the vehicle.
6. The Contract was subsequently assigned to Westlake.
7. Westlake is the current holder of the Contract and is entitled to all rights thereunder.
8. Defendant defaulted under the terms of the Contract by failing to make payments when due.
9. Pursuant to the terms of the Contract and the security interest granted therein, the 2014 Chevrolet Silverado was repossessed and sold at public auction.
10. After giving due credit to Defendant for the amount received from the auction, there remains due and owing the sum of $17,096.50, consisting of the principal balance of $16,036.37, interest of $922.48 and costs and expenses of $137.25.
11. Under the terms of the Contract and Oklahoma law, Defendant is obligated to pay court costs and attorneys' fees.
WHEREFORE, Plaintiff, Westlake Services, LLC doing business as Westlake Financial Services, requests this Court enter judgment against the Defendant, Christian Aguilar, for the sum of $17,096.50, plus interest from the date suit is filed at the legal rate of 6% per annum, plus post-judgment interest pursuant to Okla. Stat. tit. 12, §727.1, plus the costs of this action, including a reasonable attorneys' fee, and for such other and further relief to which Plaintiff may be entitled.
Respectfully submitted,
James W. Rusher, OBA #11501
Albright, Rusher & Hardcastle
15 West Sixth Street, Suite 2600
Tulsa, OK 74119-5434
(918) 583-5800
[email protected]
Attorneys for Plaintiff
MOTOR VEHICLE RETAIL INSTALLMENT SALES CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION)
DEAL # 09323201
BUYER: CHRISTIAN AGUILAR
ADDRESS: 283 S. OHTO ST.
CITY/COUNTY: STATE COL LEW, ZIP 77538
PHONE: 1-624.722-7763
SALISBURG/PROPERTE JAMES HAWK MOTORS INC.
ADDRESS: 6827 Spur -327
City: TIBBETTS, State: TX, ZIP: 77524
PHONE: 1-936-747-2933
CO-BUYER:
ADDRESS:
STATE:
ZIP:
The Buyer is referred to as "you" or "your". The Seller is referred to as "we" or "us". This contract may be transferred by the Seller.
PROMISE TO PAY: The credit price is shown below as the "Total Sales Price". The "Cash Price" is also shown below. By signing this contract, you choose to make payments for the vehicle described above using funds that you borrow. You agree to pay all charges and fees set forth herein, including any other charges in this contract. You agree to make payments in U.S. funds according to the Payment Schedule in this contract. If more than one person signs as a buyer, you agree to keep all the promises in this agreement even if the others do not.
You have thoroughly inspected, accepted, and approved the vehicle described above.
VEHICLE IDENTIFICATION
YEAR: 2014
MAKE: CHEVROLET
MODEL: SILVERADO
VIN: 3GCUE3ED9KD465299
Model:
License No.
USE FOR WHICH PURCHASED
PERSONAL, PUBLIC OR HOUSEHOLD
UNLIMITED USE, COMMERCIAL USE OR OTHER USE
If either of the boxes below is checked, Chapter 265 of the Texas Finance Code applies to this Contract.
COMMERCIAL USE
RESIDENTIAL USE
FEDERAL TRUTH-IN-LENDING DISCLOSES
ANNUAL PERCENTAGE RATE: The cost of your credit as a yearly rate.
FINANCE CHARGE: The amount the creditor will charge you for using its credit.
AMOUNT FINANCED: The amount of credit provided by the creditor on your behalf.
Total of Payments: The amount of payments you will make plus the finance charge.
Total of Payments: This is the total of the cash price and the finance charges.
Total Sale Price: The cost of your purchase on credit, including any optional charges you agreed to pay.
TOTAL OF PAYMENTS TO BE PAID:$32,937.05
TOTAL SALE PRICE:$33,437.05
Payment Schedule Will Be:
Principal Amount of Financed Amount to be financed $24,542.43
Interest $8,394.62
Finance Charge $24,542.43
Total of Payments $32,937.05
Balance Due $33,437.05
Payment Method: Monthly
Beginning Date: 07/31/2022
Monthly Payment: $588.95
Term of Contract: 60 Months
Balance Due: $33,437.05
Late Charge: If we do not receive your next payment within 15 days after it is due (10 days if you are buying a heavy commercial vehicle), you will pay a late charge of 3%, or the scheduled payment, whichever is greater. If you pay early, you will not have to pay a penalty.
Security Interest: We will have a security interest in the vehicle being purchased, additional vehicles used as collateral for this transaction, and any other vehicle you own that we may designate, subject to applicable laws.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including any accessories, taxes, titles, SALE TAX, & Doc. FEE) N/A
$22,158.63
2 Total Downpayment (if required, enter "F" and see Line 4A below)
Sales Tax Rate: 8.25%
Sale Tax Rate: 8.25%
Sale Tax Paid (to City or State): N/A
Sale Tax Paid (to Other): N/A
Sales Tax (on Title): N/A
Sales Tax (on Title): N/A
Other Amounts Paid to Seller: N/A
Other Amounts Paid to Seller: N/A
Other Amounts Paid to State: N/A
Other Amounts Paid to State: N/A
Other (describe): N/A
Other (describe): N/A
Total Downpayment: $22,158.63
3 Unpaid Balance of Cash Price (Line 2 minus 1)
Unpaid Balance of Cash Price: $22,158.63
4 Other Charges Including Amounts Paid to Others on Your Behalf
(See items listed part of these amounts)
a Intended Use of Vehicle: N/A
Cost of Optional Credit Insurance Paid to Insurance Company or Company: Other (Optional Insurers Paid to Insurance Company or Company)
Official Fees Paid to Government Agencies:
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OTHER TERMS AND CONDITIONS
1. FINANCE CHARGE AND PAYMENTS
a. HOW WE CALCULATE THE FINANCE CHARGE. We figure the Finance Charge using the true daily earnings method as defined by the Texas Finance Code. Under the "true daily earnings" method, your daily finance charge is calculated based on the daily rate to the weighted average of the Amount Financed for the number of days remaining in your term. The amount financed does not include taxes, fees, charges, or other financing charges. The daily rate is 1/365th of the Annual Percentage Rate. The unpaid portion of the Amount Financed does not include taxes, fees, charges, or other financing charges.
b. HOW WE WILL APPLY YOUR PAYMENTS. We will apply your payments as follows:
1. towards accrued interest;
2. towards principal;
3. towards finance charges; and
4. remaining funds will be applied as agreed to in the contract.
c. HOW LATE OR EARLY PAYMENTS CHANGE WHAT YOU MUST PAY. We base our Finance Charge, Total of Payments, and Total Amount Due solely on your first scheduled payment date. If you do not timely make all your payments at least the correct amount, your periodic payments will increase. If you fail to make your last payment will be more than your final scheduled payment, or at our option, you will have to pay more payments of the same amount at a more frequent interval until your final scheduled payment date. If you make a partial payment before your next scheduled payment, your Finance Charge will increase. We will send you a notice telling you about these changes before the next scheduled payment is due.
d. TRANSFER OF RIGHTS. We may transfer this contract to another creditor if the sale or transfer transfers all rights, privileges, and remedies.
e. BALLOON PAYMENT. FOR BALLOON PAYMENT CONTRACTS. A balloon payment is a scheduled payment more than twice the amount of the average of your scheduled payments. You can pay off the balloon payment in full at any time or you can enter into a written agreement to repay the balloon payment in installments. You can pay off the balloon payment in full at any time or you can enter into a written agreement to repay the balloon payment in installments. Your periodic payments will not be larger or more often than the original balloon payment. If the balloon payment is not paid within the agreement will not be more than the Annual Percentage Rate in this contract. This provision does not apply if your Payment Plan Agreement has been assigned to your personal or immediate relative.
f. YOUR OTHEROUGHTS TO US.
a. USE AND TRANSFER OF THE VEHICLE. You will not sell or transfer the vehicle without our prior written consent. If you sell or transfer the vehicle, this will not release you from your obligations under the contract, and we may change your transfer to another person without notice. If you fail to make any required payment or fail to provide any information that we require, we will promptly take or writing if you change your address or the name listed on this contract, we will notify you in writing to return the vehicle from the U.S. for 72 hours or less. If the vehicle will continue to be covered by the insurance that contract requires, the vehicle must be returned within 10 days of notice. [U.S.D.]
b. INSURANCE. You are responsible to keep the vehicle free from all liens, claims except those that secure this contract. You will timely pay all taxes, fines, or charges permanent to the vehicle. You agree that if a third party sells or delivers the vehicle to us or to a lender or placed in jeopardy or a illegally. You must pay the third party a fee or debit against or possession of the vehicle, we may pay the third party any cost required to free the vehicle. If we pay the third party, you will pay us back when you pay us the amount paid to the third party for the vehicle. If you cannot pay us the amount that you owe, we may repossess the vehicle, we may still demand that you pay us, but we cannot collect for any extra charge.
c. SECURITY INTEREST. To assure us that you will perform all obligations you agree hereunder, you assign to us a security interest in:
1. The vehicle including all accessories and parts now or later attached and any other goods delivered to this contract.
2. All proceeds or rights to proceeds any insurance policy or contract financed by us and any proceeds of these contracts;
3. Any retainer of charges included in this contract for services or supplies. This security interest also secures any acceleration or modification of the contract by reason of default. If these security interests in the vehicles, you will not allow any other security interest to be placed against the vehicles.
d. AGREEMENT TO KEEP VEHICLE INSURED. You agree to have physical damage insurance covering loss or damage to the vehicle secured by this contract. You further agree that any security interest in the vehicles. The insurer must be authorized to do business in Texas.
e. OUR RIGHT TO PURCHASE REQUIRED INSURANCE IF YOU FAIL TO KEEP THE VEHICLE INSURED. If you fail to give us proof of insurance covering the vehicle as required in Section 1 above, we may buy insurance that covers your interest and your interest only. You will pay the premium for the insurance and a finance charge at the contract rate, if we obtain additional insurance that covers neither you nor we. The policy will be issued to you and sent to your last known address shown in our file.
f. RETURNED INSURANCE PAPERWORK. You agree that if physical damage insurance proceeds to repair the vehicle, unless we agree otherwise in writing. However, if the vehicle is a total loss, we will apply proceeds from insurance to settle the claim and pay the balance of your account. If we settle the claim without your approval, we will notify you in writing. If the settlement is less than the balance owed, you will be responsible to pay the difference. If we settle the claim without your approval, you will not be liable and we will notify you in writing. If the vehicle was not a total loss, and doesn't pay off what you owe, you must pay what is still owed. Once all payments are made, if all payments are paid, any remaining proceeds will be paid to you.
g. RETURNED INSURANCE PAPERWORK. If the proceeds of any insurance applicable to this contract are necessary to settle the contract, or other contacts included in the contract price, we will subtract it from what you owe. Once all amounts owed under this contract are paid, any remaining funds will be paid to you.
2. APPLICATION OF CREDITS. Any credit that reduces your debt, whether it is payment or any other kind, will reduce your Total Amount Due. Unless we decide to apply it to another part of your debt, the amount of the credit and all finance charge or interest on the credit are supposed to be applied to your payments in the reverse order of your payments.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. LATE CHARGE. You will owe us a late charge as agreed to in this contract if you fail to make payments after they are due.
b. DEFAULT. You will be in default if:
1. You fail to make payments when it is due;
2. You give false, incomplete, or misleading information during the contract;
3. You file bankruptcy, bankruptcy is filed against you, or the vehicle becomes involved in a bankruptcy.
4. You make a suggestion or an arrangement with you the collector, or
5. You have any judgment entered against you.
If you default, we can exercise our rights under this contract and/or other rights under the law:
c. YOUR RIGHT TO FULL PAYMENT IN FULL. If you default, or we believe in good faith that you are not going to keep any of your payments, the entire remaining balance owed and all unpaid fees and interest are due and payable at once.
d. RESPONSIBILITY FOR PERSONAL ITEMS. If we remove the vehicle from you, you can so do peacefully. If your vehicle has an electronic tracking device as described above or any other electronic device to find the vehicle, if any personal items are in the vehicle, we can retrieve them you or your agent except if the electronic tracking address shows on an alert records within 15 days of discovering that we have your personal items, if you do not ask for the personal items, we may dispose of them as applicable law allows (excess necessary equipment, or replacement parts)
e. YOUR RIGHT TO REDEEM. If we take your vehicle, we will tell you how long you have to return it. If you return the vehicle or bring the vehicle back, we can sell it or take other action allowed by law. If the vehicle is sold, you will get back any part of money that you have not taken away from us plus any unearned charges owed to us minus the applicable tax allowance.
f. COLLECTION COSTS. If we have an attorney who is not our employee is hired to collect the balance owed, we will pay the attorney's fees and court costs as the applicable law allows. We will also pay our reasonable out-of-pocket expenses incurred in connection with the collection. The amount of our fees and these applicable tax allowances.
g. RIGHTS OF OPTION INSURANCE AND SERVICE CONTRACTS. The contract may contain charges for insurance or service contracts or by service included in the cash price. If you default, we may cancel or terminate the contracts and sell the contracts to the extent allowable, and terminate them to obtain refund of the amount paid. If the vehicle is a total loss because it is damaged or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to where we owe.
h. INTEGRATION AND SEVERABILITY CLAUSE. This contract contains the entire agreement between you and us regarding the sale of the vehicle and vehicle. If any part of this contact is not valid, all other parts stay valid.
i. LEGAL LIMITATIONS ON OUR RIGHTS. If you don't enforce our rights, we may not be able to do so again later. We may waive our rights if they level with you. You don't have to pay finance charge or other amount that is more than the law allows. This provision prevails over all other parts of this contract and over all our other acts.
j. SELLER'S DISCLAIMER OF WARRANTIES. Unless the seller makes a written warranty, or enters into a separate oral or written agreement containing warranties, the seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the seller may be required to provide.
k. USER CAR BROKERAGE. The information you see on the afterform for this vehicle is part of this contract, information on the shaver label overrides any contrary provisions in the contract of sale.
Spanish Translation: Guía para compradores de vehículos nuevos. La información que ves en el formulario del comprador después del vehículo forma parte del presente contrato. La información de la etiqueta sobre el vehículo sobresale a toda otra disposición en el contrato de venta.
4. APPLICABLE LAW. The state laws apply to this contract.
NOTICE: ANYHOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREBY UNDER THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBEFORE.
This provision applies to this contract only if the vehicle financed in the contract was purchased for personal, family, or household use.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY ANY TRIBUNAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY COURSE OF ARBITRATION OTHER THAN INDIVIDUAL ARBITRATION.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether it is contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the application of law) which arises out of or relates to this contract or any transactions involving this contract, or alleges any breach or default under this contract, or alleges any violation of any law, or any matter which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract), shall, at your or our election, be resolved by neutral binding arbitration conducted in accordance with rules administered by the American Arbitration Association, unless the arbitrator finds and orders that resolution of both of your and our claims should be conducted pursuant to a different procedure which procedure will then govern. The arbitrator shall be selected pursuant to the applicable rules. The arbitration shall apply governing federal, state and local law. If you and we do not reach an agreement on selection of the arbitrator, the American Arbitration Association shall select the arbitrator. The arbitration hearing may be conducted in person or by telephone or other means not requiring the presence of the parties together, and the decision of an arbitrator shall be final and binding. If the contact was executed, we will pay your filing, administration, service or case management fee and your arbitrator or hearing fee is due upon demand. Each party shall be responsible for its own attorney, expert and other fees unless awarded by the arbitrator under applicable law. (Each party shall be responsible for its own attorney, expert and other fees unless awarded by the arbitrator under applicable law.) You and we may agree in writing to arbitrate your disputes and any claims arising under or related to this contract. The Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association and the rules of that organization unless you and we otherwise agree. You and we may agree in writing to the rules of another arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing federal, state and local law. If you and we do not reach an agreement on selection of the arbitrator, the American Arbitration Association shall select the arbitrator. The arbitration hearing may be conducted in person or by telephone or other means not requiring the parties together, and the decision of the arbitrator shall be final and binding. If the contact was executed, we will pay your filing, administration, service or case management fee and your arbitrator or hearing fee is due upon demand. Each party shall be responsible for its own attorney, expert and other fees unless awarded by the arbitrator under applicable law. (Each party shall be responsible for its own attorney, expert and other fees unless awarded by the arbitrator under applicable law.) You and we may agree in writing to arbitrate your disputes and any claims arising under or related to this contract. The Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association and the rules of that organization unless you and we otherwise agree. You and we may agree in writing to the rules of another arbitration organization by contacting the organization or visiting its website.
You and we retain the right to seek remedies in small claims courts for disputes or claims within that court jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as commencing a lawsuit, or any other remedy that may become available for individuals in this jurisdiction. If either you or we have had a hearing jurisdiction may enter judgement on the arbitrator's award. This Arbitration Provision shall survive any termination, payment or transfer of this contract, if any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder may still be enforced. If this Arbitration Provision is deemed or found invalid or unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
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We are not lawyers. All information is presented as-is from public filings.