ALLY FINANCIAL INC. v. RICKY ALLEN ROGERS

IN THE DISTRICT COURT IN AND FOR MAYES COUNTY STATE OF OKLAHOMA ALLY FINANCIAL INC.; Plaintiff, vs. RICKY ALLEN ROGERS; Defendant. Case No. C3-20-48 PETITION Plaintiff, Ally Financial Inc. ("ALLY"), for its first cause of action against the Defendant, Ricky Allen Rogers, alleges and states: Jurisdiction 1. Plaintiff is a corporation duly authorized to transact business within the State of Oklahoma. 2. Defendant, Ricky Allen Rogers, is a resident of Mayes County, State of Oklahoma. The debt, which is the subject matter of this action, was contracted in the State of Oklahoma and the acts complained of herein occurred in Mayes County, Oklahoma. The vehicle which is the subject of this action is located in Mayes County, Oklahoma. The Court has jurisdiction of the subject matter hereof and the parties hereto. 3. On or about February 27, 2014, Defendant, Ricky Allen Rogers, executed a Retail Installment Sale Contract, a copy of which is attached hereto as Exhibit "A," whereby Defendant contracted, covenanted, and agreed to pay Jim Glover Chevrolet, the unpaid balance toward the purchase of a 2014 Chevrolet Silverado VIN: 1GCRCREC1EZ169162 in the amount of $43,159.00, with finance charge at the rate of 5.90% with payments of principal and finance charge to be paid in 72 monthly installments of $714.97 each, commencing April 14, 2014 and continuing on the 14th day of each successive month thereafter, until the total obligation of $51,477.84 was paid in full. 4. The Retail Installment Sale Contract attached hereto as Exhibit "A" has been assigned to Plaintiff by Jim Glover Chevrolet as evidenced by the executed assignment on the document. 5. Defendant, Ricky Allen Rogers, is in default under the terms and conditions of the Retail Installment Sale Contract as required therein. Although due demand has been made upon Defendant, Defendant, has wholly failed, refused and neglected to pay the payments due and owing Plaintiff. After applying credit for all payments made by Defendant, there remains a balance due and owing Plaintiff in the amount of $11,152.01, which includes finance charge and late charges through February 19, 2020 at a rate of 5.90% per annum, and by reason of the failure of the Defendant to make payments to Plaintiff according to the terms and conditions of the Retail Installment Sale Contract, Defendant is in default and Plaintiff declares the entire amount due and payable at once. Due demand has been made upon Defendant for the payment of this amount or delivery of the vehicle and Defendant, has wholly failed, refused and neglected to pay the balance due and owing, or deliver the subject vehicle to Plaintiff. 6. Pursuant to the Retail Installment Sale Contract, ALLY holds a security finance charge in and to the property sold to Defendant, which is described as follows: 2014 Chevrolet Silverado VIN: 1GCRCREC1EZ169162 Actual wholesale book value of the collateral described above is $15,075.00. As set forth in paragraph 3 above, Jim Glover Chevrolet, assigned its rights in said security finance charge to Plaintiff. 7. The provisions of the Retail Installment Sale Contract executed by Defendant, provided that in the event Debtor defaults in the payment of the indebtedness secured thereby, all obligations secured under the terms of the contract become immediately due and payable and, therefore, Plaintiff may proceed to enforce payment of the same and exercise any and all rights and remedies contained in the security agreement or as provided by law. Default has occurred under the terms of the Retail Installment Sale Contract and pursuant to its terms, Plaintiff hereby demands payment and immediate delivery of the goods listed above as collateral according to the terms of the contract. Plaintiff's security finance charge has been perfected against Defendant, and the collateral described above by the filing of a Lien Entry form with the office of the Oklahoma Tax Commission. By reason of Exhibit "A" attached hereto, Plaintiff claims a finance charge in a lien on, and the right to possession of the above-described personal property. 8. Defendant, Ricky Allen Rogers, is in possession of the subject motor vehicle. 9. The property listed above as collateral was not taken in execution on any order or judgment against Plaintiff or for the payment of any tax, fine, or amercement assessed against it or by virtue of an order of delivery issued under the Replevin law of the State of Oklahoma or any other mesne or final process issued against said Plaintiff. 10. By virtue of the nature of the personal property described herein, it may easily be concealed, removed, damaged, destroyed, encumbered, mortgaged, or alienated, and Plaintiff is fearful that Defendant, may attempt to conceal, remove, damage, destroy, encumber, mortgage or alienate the property described herein. 11. This is an attempt by Kivell, Rayment & Francis, PC a debt collector, to collect a debt. Any information obtained will be used for that purpose. Unless you notify our office within thirty (30) days within receipt of this petition that the validity of this debt, or any portion of it, is disputed we will assume that the debt is valid. If you do notify us in writing within thirty (30) days after your receipt of this petition of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within thirty (30) days after your receipt of this petition, we will provide you with the name and address of the original creditor, if different from the current creditor. The Plaintiff, if a debt collector, may sue the Defendant before end of the 30-day notice period. The Defendant may obtain extension of state Pleading Code's 20-day answer period. Furthermore, any request for judgment will not be made before the expiration of the 30-day notice period. **The thirty (30) days notice provided herein does not extend your date for objecting to the pre-judgment delivery as described in the attached notice or responding to the Petition as required by the summons served herewith.** WHEREFORE, Plaintiff prays for judgment against the Defendant, Ricky Allen Rogers, in the sum of $11,152.01, finance charge from February 19, 2020 at a rate of 5.90% per annum, costs of this action, accrued and accruing, including a reasonable attorney’s fee. Plaintiff further prays that it be awarded judgment against Defendant, Ricky Allen Rogers, for immediate possession and delivery of the above-described personal property and that the property be sold to satisfy the indebtedness due and owing to Plaintiff. Plaintiff further prays that an order be issued restraining Defendant, Ricky Allen Rogers, from concealing, removing, damaging, destroying, encumbering, mortgaging, or alienating the personal property until such time as the Court may direct. Plaintiff further prays for a reasonable attorney's fee and the costs of this action, accrued and accruing, and for such other and further relief as this Court deems just and equitable. KIVELL, RAYMENT, & FRANCIS, PC A Professional Corporation By Brian J. Rayment, OBA #7441 Triad Center, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone: (918) 254-0626 Facsimile: (918) 254-7048 ATTORNEYS FOR PLAINTIFF, ALLY VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) SS. I, Brian J. Rayment, OBA #7441, being duly sworn according to law, upon his oath deposes and states: That I am the attorney for the Plaintiff named in the foregoing action; that I have read the above Petition and know the contents thereof and that the same are true and correct based upon the records of the Plaintiff. Brian J. Rayment, OBA #7441 Subscribed and sworn to before me this 19th day of February 2020. Notary Public My Commission Expires: AMANDA LEWIS NOTARY No. 00006209 Exp. 5-12-20 STATE OF OKLAHOMA KRF#43259/BJR EXHIBIT A RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Dealer Number ___________________________ Contract Number ___________________________ Buyer Name and Address (including County and Zip Code) RICKEY ALLEN ROGERS LOCUST STREET LOCUST GROVE OK 74352 Co-Buyer Name and Address (including County and Zip Code) N/A Seller-Creditor (Name and Address) JIM GLOVER CHEVROLET 1318 S. MYRTLE AVE TULSA OK 74129 You, the Buyer (and Co-Buyer if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Seller-Creditor (sometimes “we” or “us” in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract. <table> <tr> <th>Make and Model</th> <th>Year</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>NEW CHEVROLET SILVERADO</td> <td>2016</td> <td>0</td> <td>16CRERCCE1E165162</td> <td>Personal, family or household unless otherwise indicated below</td> </tr> </table> ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. $ 3.90 % $ 8,318.84 FINANCE CHARGE The dollar amount of the credit provided by us to you. Amount of Credit $ 4,3159.00 Total of Payments The total amount you will pay during the term of this contract. Total Sale Price The total cost of your purchase on sale as agreed between you and the seller. $ 51477.84 Amount of Down Payment The amount you will give or have given to the seller before the start of payments as scheduled $ 0.00 Amount of finance charges collected $ 4,3159.00 Your Payment Schedule Will Be: Number of Payments | Amount of Payments | When Payments Are Due 72 | 714.97 | Monthly beginning 04/14/2014 Or As Follows: N/A Late Charge: If payment is not received in full within 10 days after it is due, you will pay a late charge of $.24/Day = $. .54 if the amount of the debt is less than or equal to $1,000; $.72/Day = $2.16 if the amount of the debt is greater than $1,000 but less than or equal to $2,000; $.96/Day = $2.88 if the amount of the debt is greater than $2,000 but less than or equal to $3,000; and $.96/Day = $2.88 if the amount of the debt is greater than $3,000. Security Interest: You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about repayment, details, any required repayment in full before the scheduled date and security interests. ITEMIZATION OF AMOUNT FINANCED <table> <tr> <th>Item</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>1</td> <td>Cash Price (Item 1 a)</td> <td>$ 39320.00</td> </tr> <tr> <td>2</td> <td>Total Downpayment</td> <td>$ 2698</td> </tr> <tr> <td>3</td> <td>Trade-in:</td> <td>$ 2043 CHEVROLET SILVERADO</td> </tr> <tr> <td>a</td> <td>Value</td> <td>$ 3390.00</td> </tr> <tr> <td>b</td> <td>Less Pay Off Made By Other</td> <td>$ 5806.00</td> </tr> <tr> <td>c</td> <td>Equals Net Trade In</td> <td>$ -2506.00</td> </tr> <tr> <td>d</td> <td>+ Cash</td> <td>$ 1500.00</td> </tr> <tr> <td>e</td> <td>+ Other GM OWNER LOYALTY</td> <td>$ 0.00</td> </tr> <tr> <td>4</td> <td>Amount of Amount of DownPayment is negative, enter “0” and see #3 below</td> <td>$ -39320.00</td> </tr> <tr> <td>5</td> <td>Other Charges (See other lines on this contract for details)</td> <td>$ 679.00</td> </tr> <tr> <td>6</td> <td>Other Charges Paid To Others On Your Behalf</td> <td></td> </tr> <tr> <td>a</td> <td>A Cost of Optional Credit Insurance Paid To Insurance Company or Companies.</td> <td></td> </tr> <tr> <td>7</td> <td>Cost Of Any Insurance</td> <td>$ 0.00</td> </tr> <tr> <td>8</td> <td>Vendor’s Single Interest Insurance Premium Paid To Insurance Company</td> <td>$ 0.00</td> </tr> <tr> <td>9</td> <td>Other Option Insurance Paid To Insurance Company Or Companies</td> <td>$ 450.00</td> </tr> <tr> <td>10</td> <td>Optional GAP Contract</td> <td>$ 0.00</td> </tr> <tr> <td>11</td> <td>Government Tests Not Included in Cash Price</td> <td>$ 0.00</td> </tr> <tr> <td>12</td> <td>F.T.S./H.W.L.T. TIN FEE(1)</td> <td>$ 10.00</td> </tr> <tr> <td>13</td> <td>Other Charges (See other lines on this contract for details)</td> <td>$ 0.00</td> </tr> <tr> <td>14</td> <td>BANK OF LOCUST CD Rate Credit or Lease Balance</td> <td>$ 1800.00</td> </tr> <tr> <td>15</td> <td>GPS</td> <td>$ 2456.04</td> </tr> <tr> <td>16</td> <td>JIM GLOVER CHEVROLET FEE</td> <td>$ 595.00</td> </tr> <tr> <td>17</td> <td>Finance Charge Contract Fee</td> <td>$ 0.00</td> </tr> <tr> <td>18</td> <td>Gap Protection Contract</td> <td>$ 0.00</td> </tr> <tr> <td>19</td> <td>Total Other Charges and Amounts Paid To Others On Your Behalf</td> <td>$ 3779.08(1)</td> </tr> <tr> <td>Amount Financed (Item 4 + 5)</td> <td>$ 4,3159.00(1)</td> </tr> </table> [Optional] Vendor’s Single Interest Insurance (VSI insurance): If the preceding box is checked, the creditor requires VSI insurance for the initial term of the contract to protect the Creditor from loss or damage to the vehicle (collision, fire, theft). VSI insurance is for the creditor’s sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI insurance is delivered. If you elect to purchase VSI insurance through the creditor, the cost and name of the insurance is set forth in column 3 on item 12 of the itemization of amount financed. The coverage is at the policy form at the contract, but there is no obligation to assign such optional policy against your Buyer. OPTION: ☐ You pay no finance charge if the Amount Financed, Item 5 is paid in full on or before [ ] Year [ ] N/A [ ] SELLER'S INITIALS [ ] N/A OPTIONAL GAP CONTRACT: A gap contract (title cancellation contract) is not required to close credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in item 4D of the itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term ________ 72 ________ Mo. GAP / 15% Name of Gap Contract ______________________________________________________________________ I want to buy a gap contract. Buyer Sign x ________________________________ Date ________ Co-Buyer Sign x _____________________________ Date ________ Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by mutual binding arbitration and enjoy a right to file. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Sign x ________________________________ Date ________ Co-Buyer Sign x _____________________________ Date ________ NO COOLING OFF PERIOD State law does not provide for a “cooling off” or cancellation period for this sale. After you sign this contract, you may only cancel if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. HOW THIS CONTRACT CAN BE CHANGED: This contract contains the entire agreement between you and us relating to this contract. Any changes to this contract must be in writing and signed by you. No oral changes bind you. Buyer signs x ___________________________ Date 02/27/16 Co-Buyer Signs x ________ If any part of this contract is not valid, all other parts stay valid. We may disavow or release this entire agreement by our rights under this contract without waiving them. For example, we may extend the time for making some payments without extending the time for making others. See back for other important agreements. NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights. You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it away if it was not what you wanted. We have read both sides of this contract, including the arbitration provision on the reverse side, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Sign x ________________________________ Date 02/27/16 Co-Buyer Sign x _____________________________ Date ________ Co-Buyers and Other Owners — A co-owner is a person who is responsible for paying the full debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owner signs here ____________________________ Date ________ Seller signs ____________________________ Date ________, JIM GLOVER CHEVROLET Safe assignee is as noted on assignment contact to ALLY FINANCIAL ☐ Assigned with recourse ☐ Purchase Money Secured Note □ Assigned with Partial Recourse Deed of Trust ____________ ORIGINATOR ________________ ORIGINAL LIENHOLDER OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge and unpaid part of the Amount Financed, and to other amounts you owe under this contract in any order we choose. c. How late payments or early payments change what you must pay. We balance the Finance Charge, Total of Payments, and Total Sales Price shown on the front of this contract, and the assumption that you will evenly repay on the day it is due. Your Finance Charge, Total of Payments, and Total Sales Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may prepay. You may prepay all or part of the unpaid part of the Amount Financed at any time without penalty. If you do so, you must pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. e. Your right to cancel payments at any payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments. If you are buying the vehicle primarily for personal, family or household use, you have the right to refuse the balloon payment without due warning penalty. The terms of any balloon will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract if the vehicle is damaged, destroyed, or missing. b. Use of the vehicle, sale, rent, lease, or transfer. You agree not to remove the vehicle from the U.S., or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or arrest. You agree not to pay any repair bills, storage bills, taxes, fines, or charges incurred, without our prior agreement. We may recover possession of your title and require you to repay the amount we ask for it. c. Security Interest. You give us a security interest in: - All the proceeds from all parts or goods put on it; - All money or goods received (proceeds) for the vehicle; - All insurance, maintenance, service, or other contracts we finance for you; and - All proceeds from the sale, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts. This secures payment of all you owe on this contract, it secures payment of your other agreements on this contract. d. Title items you must have on the vehicle. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. If you do not have this insurance, we may, if we choose, buy physical damage insurance, either by either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we may change which type suits the needs you must pay. The charge will be the sum of the insurance cost and a finance charge computed at the Annual Percentage Rate shown on the front of this contract. If the vehicle is lost or damaged, you agree that we may present a claim for insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned Insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK OTHER PROMISES a. You may owe late charges. You will pay a late charge of $ [?] as late payment as shown on the front of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below: b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you "pay all you owe on this contract at once. Default means: • You do not pay any payment on time. • You give false, incomplete, or misleading information on your credit application. • You start a proceeding in bankruptcy or one is started against you or your property; or • You break any agreements in this contract. The amount you will owe will be the unpaid part of the Amount Financed, plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because you defaulted. c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you may pay the attorney's fee and court costs the law requires. The minimum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards us an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we so personally and if the law allows us. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you at your expense. If you do not ask for your items back, we may dispose of them as the law allows. e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your vehicle must be paid off before we will release: f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Such expenses are expenses for: pay or direct repair or take back the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you may be required to pay the rest the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. g. What we may do about optional insurance, maintenance, service, or other contract charges. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, we may claim refunds under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. If your vehicle is stolen, we may release the claims because it is confiscated, damaged, or stolen, we may claim refunds under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. 4. WARRANTIES SELLER DISCLAIMS Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, as to the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. 5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana para su vehículo forma parte del presente contrato. La información del formulario de la ventana deja sin efecto toda disposición en contrario contenida en el contrato de venta. 6. Servicing and Collection Contacts. You agree that we may try to contact you in writing, by e-mail, or using recorded/artificial voice messages, text messages, and automated telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. 7. Applicable Law Federal law and the law of the state of our address shown on the front of this contract apply to this contract. NOTICE: ANY HOLDER 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 THEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBEUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. 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 JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU MAY NOT ELECT TO HAVE AN INDIVIDUAL TRIAL AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION CLAIMS. 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 in contract, tort, statute or otherwise (including the interpretation and scope of the Arbitration Provision, and the applicability of the arbitration subject to our approval) not settled through informal discussion shall be submitted to arbitration. Any claim or dispute, 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 as a party. For example, any claim or dispute involving another person whose credit was used to finance this vehicle or its purchase or dispute is not subject to binding arbitration, this 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 challenge the appointment of an arbitrator but you may not challenge the composition of an arbitration panel. You agree that any claim or dispute included in the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitration shall be by one arbitrator selected pursuant to the applicable rules. The arbitrator shall apply governing substantive laws and the applicable state law of limitations. The arbitrator may appoint an umpire to resolve procedural issues. The arbitrator and umpire must have a hearing and may issue a written decision. The arbitrator and umpire will submit their decision to the parties within 150 days after the hearing and award within 30. The arbitrator's decision and award may be entered as judgment in any court having jurisdiction. An award made by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You are not retain the right to seek remedies in small claims courts for disputes or claims within their courts jurisdictions unless such action is translated, referenced, or incorporated by reference into this contract or a debt agreement. You may continue to use the vehicle as long as you make your payment, or file an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than this entire Arbitration Provision, becomes unenforceable for any reason, then the remainder of this Arbitration Provision shall remain in effect. If the entire Arbitration Provision is determined to be unenforceable for any reason, the remainder of this Agreement remains valid and enforceable. DMV OKLAHOMA TAX COMMISSION LIEN HOLDERS RELEASE FORMS VIN: 1GCRCREC1EZ169162 VEHYR: 2014 MAKE: CHEV MODEL: 2SC BODY: 4C AGNT #: [REDACTED] LIEN DATE: 03/04/2014 LIEN TIME: 09:30 LIEN DEBTOR: ROGERS RICKY ALLEN 6326 S 440 / PO BOX 606 LOCUST GROVE OK 74352 LIEN HOLDER: ALLY FINANCIAL PO BOX 8104 COCKEYSVILLE MD 21030 REF#: [REDACTED] TO: OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION P.O. BOX 269061 OKLAHOMA CITY OK 73126 TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE. SIGNATURE OF REPRESENTATIVE OF SECURED PARTY X ___________________________ DATE ___________ COPY 2