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WAGONER COUNTY • CJ-2026-00104

ALTERNATIVE LENDING HOLDINGS TRUST II Serviced by UPGRADE INC. v. MELISSA WILLOBY

Filed: Mar 6, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: Melissa Willoby borrowed $50,000, didn’t pay it back, and now owes over fifty-six thousand dollars—and no, she didn’t spend it on a pet giraffe or a timeshare in Atlantis. She got a personal loan through an online platform, used the money like a normal person (presumably for things like bills, debt consolidation, or maybe that kitchen remodel she swore she’d never do), and then—somewhere along the way—just… stopped paying. And now, in the grand tradition of “you can run but you can’t hide from compound interest,” a trust named Alternative Lending Holdings Trust II—which sounds less like a financial institution and more like a villainous corporate entity from a dystopian sci-fi movie—is suing her in Wagoner County, Oklahoma, to get every last penny.

Now, who even are these people? On one side, we’ve got Melissa Willoby—allegedly a resident of Broken Arrow, Oklahoma, living quietly at 213 S Forest Ridge Blvd, minding her own business until the legal hammer came down. She’s not a defendant in some white-collar crime saga or a notorious scam artist (at least, not according to this filing). She’s just… a borrower. A regular person who clicked through an online loan application, probably while eating cold pizza at 11 p.m., thinking, Yeah, I can handle this payment. On the other side? A financial Frankenstein’s monster of corporate layering: Alternative Lending Holdings Trust II, serviced by Upgrade Inc., which is basically the middle manager of the lending world. This isn’t a bank handing you cash across a counter with a handshake. This is fintech: sleek apps, instant approvals, and loans funded by one entity (Cross River Bank, a New Jersey-based lender), packaged and sold off to trusts like trading cards. So while Melissa may have thought she was borrowing from Upgrade, she was really entering a contract that would eventually end up in the hands of a trust managed by algorithms and lawyers, not people.

So what actually happened? According to the petition filed on—wait for it—May 16, 2025 (yes, the same day Melissa allegedly defaulted, which is either the most poetic timing in legal history or a clerical typo we’ll never know), Melissa took out a $50,000 loan through Upgrade’s online platform. Cross River Bank fronted the cash, Upgrade handled the servicing (meaning they sent the bills, managed the payments, and probably texted her reminders when she was late), and for a while, everything was humming along like a well-oiled debt machine. Then, on that fateful day—May 16, 2025—Melissa stopped paying. Poof. Radio silence. The account went dark. And because loans don’t just go away when you ignore them (much to the chagrin of every adult with student debt), the remaining balance—now inflated to $56,378.29 thanks to interest, fees, and the cold, unfeeling math of finance—was “charged off.” That doesn’t mean forgiven. It means the lender has given up on collecting it the easy way and is now going full courtroom mode.

And that brings us to why they’re in court. The plaintiff—let’s call them ALHTII for short, because even their name is a mouthful—has thrown the legal kitchen sink at Melissa. They’re claiming breach of contract, which is legalese for “you signed a deal, you agreed to pay, you didn’t.” They’re also alleging breach of promissory note, which is basically the same thing but with fancier paperwork. Then comes the dramatic flair: unjust enrichment. That’s the legal equivalent of saying, “You got something for nothing, and that’s not fair.” In other words, Melissa enjoyed the benefits of $50,000—whether it was peace of mind, a new car, or finally paying off her sister’s bail money—and now she’s trying to walk away without repaying it. The court, they argue, should step in and say, “Nope. You can’t keep that money and also not pay for it.” There’s even a dash of promissory estoppel—a rarely seen, slightly obscure claim that basically means, “You promised to pay, we relied on that promise, and now you’re screwing us.” It’s like if you told your friend you’d carpool to a concert, they sold their bike based on that promise, and then you ghosted them. Legally, that’s a bummer—and in this case, apparently worth $56k.

Now, what do they want? Money. Specifically, $56,378.29. Plus court costs. Plus attorney fees. Plus post-judgment interest, which means if the court rules in their favor, the debt could keep growing like a financial Hydra. Is $56,000 a lot? Well, yes and no. In the world of personal loans, $50k is a serious sum—enough to buy a luxury car, put a down payment on a house, or fund a very ambitious Etsy store. But in the context of civil lawsuits, it’s not crazy big. It’s not a million-dollar fraud case. It’s not a class action. It’s the kind of number that can ruin a person’s credit, trigger wage garnishment, and lead to years of financial headaches—but it’s also the kind of number that a trust like ALHTII probably deals with dozens of times a day. This isn’t a grudge match. This is business. Cold, calculated, and entirely impersonal.

And here’s the real kicker: Melissa Willoby isn’t even being sued by the original lender. Cross River Bank? Gone from the picture. Upgrade Inc.? Just the “servicer.” The plaintiff is a trust—a financial entity designed to hold and manage debt, often created to sell off loans to investors. This means Melissa’s debt was likely bundled with hundreds of others, securitized, and sold off like a financial timeshare. She’s not just dodging a bill—she’s defaulting on a product that’s been repackaged, resold, and litigated by a Texas law firm (Rutledge Law Firm, P.C.) that specializes in exactly this kind of debt collection. There’s no personal relationship here. No loan officer who knows her by name. Just a filing, a number, and a demand.

So what’s our take? The most absurd part isn’t that someone defaulted on a loan. People do that every day. It’s the machine behind it all—the layers of corporate abstraction, the automated servicing, the trust with a name longer than a Russian novel, and the eerie symmetry of the default date matching the filing date. It feels less like a legal dispute and more like a glitch in the Matrix. Melissa Willoby may have made a financial misstep, sure. But she’s not being chased by a bank. She’s being pursued by a financial algorithm wearing a law firm’s suit. And while we don’t know her side of the story—maybe she lost her job, got sick, or was hit by a rogue golf cart—we do know this: in the battle of one woman versus a faceless lending trust, it’s hard not to root for the human, even if she owes a small fortune. Because at the end of the day, debt is personal. But the system? That’s just cold, hard business. And in Wagoner County, Oklahoma, business is open.

Case Overview

$56,378 Demand Petition
Jurisdiction
District Court of Wagoner County, Oklahoma
Relief Sought
$56,378 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of promissory note, breach of contract, and unjust enrichment

Petition Text

637 words
IN THE DISTRICT COURT OF WAGONER COUNTY STATE OF OKLAHOMA ALTERNATIVE LENDING HOLDINGS ) TRUST II Serviced by UPGRADE INC. ) Plaintiff, vs. MELISSA WILLOBY ) Defendant. PLAINTIFF'S ORIGINAL PETITION COMES NOW Plaintiff, ALTERNATIVE LENDING HOLDINGS TRUST II Serviced by UPGRADE INC. ("Plaintiff"), and for its causes of action against Defendant, MELISSA WILLOBY states and alleges as follows: Parties 1. Plaintiff ALTERNATIVE LENDING HOLDINGS TRUST II, assignee, Serviced by UPGRADE may be served with notice through its attorneys of record. 2. The Defendant, MELISSA WILLOBY (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: 213 S FOREST RIDGE BV BROKEN ARROW OK 74014. 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 Cross River Bank, a New Jersey-chartered FDIC insured bank. 7. The Defendant was issued a loan in the principal amount of $50,000.00. 8. Cross River Bank funded the Defendant's loan and Plaintiff Upgrade Inc. serviced the Defendant's loan per the Borrower Agreement. 9. On or about May 16, 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 $56,378.29 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 $56,378.29. 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 $56,378.29; 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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