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CHEROKEE COUNTY • CJ-2026-00044

Communication Federal Credit Union v. Gregg Stilwell a/k/a Gregg William Stilwell and Mary Stilwell

Filed: Feb 27, 2026
Type: CJ

What's This Case About?

Let’s be real: nobody wakes up dreaming of a deficiency judgment on a 2016 Jeep Patriot with over 130,000 miles on it. But here we are, deep in the heart of Cherokee County, Oklahoma, where a federal credit union is suing a married couple over a car they no longer own — and lost — and now allegedly owe twelve grand on top of it. That’s like being charged rent for a haunted house you got evicted from. The kicker? This whole mess started with a used SUV that cost less than a decent used refrigerator in Manhattan — and ended with a lawsuit that could cost more than the car ever did.

Meet Gregg and Mary Stilwell — not celebrities, not con artists, just two regular Oklahomans who, in December 2021, decided they needed a 2016 Jeep Patriot. Maybe it was the rugged aesthetic. Maybe they just really liked the name “Patriot.” Whatever the reason, they walked into Chris Pruitt Auto Sales in Tahlequah — a dealership that sounds like it was named after a minor character in a John Grisham novel — and signed on the dotted line for a used vehicle with a balance of $19,820. That’s not chump change, but for a seven-year-old compact SUV with enough mileage to qualify for its own frequent flyer program? Let’s just say depreciation hit fast and hard. The Stilwells agreed to pay $348.60 a month for 66 months — about five and a half years of Jeep-related financial commitment. They even splurged on a $895 gap contract, which is supposed to cover the difference if the car gets totaled or repossessed. Spoiler: it didn’t work out that way.

Here’s how it went downhill. The Stilwells stopped making payments. We don’t know why — maybe the transmission blew, maybe the payments got too steep, maybe the Jeep developed a mysterious aversion to starting before noon. What we do know is that they defaulted. And when you default on a car loan, the lender has a few options: sue, send it to collections, or — the classic move — repossess the car. Communication Federal Credit Union, the entity that bought the loan from Chris Pruitt Auto Sales (because yes, car loans are traded like baseball cards), chose Option C. They took the Jeep. And then, like any good creditor with a spreadsheet and a vendetta, they sold it — “in a commercially reasonable manner,” the filing helpfully notes, which is legalese for “we didn’t just flip it on Facebook Marketplace for $500.”

But here’s the brutal math of car repossession: when a used vehicle with high mileage gets auctioned off by a bank, it doesn’t fetch top dollar. The credit union sold the Jeep, subtracted the sale price, added in repossession fees, legal costs, and all the other little charges that pile up like dust bunnies under a couch, and discovered — gasp! — there was still money owed. A deficiency, in finance-speak. And that deficiency? $12,030.32. Plus interest. Plus $112 in fees. Plus attorney’s fees. All of which Communication Federal Credit Union now wants the Stilwells to pay — jointly and severally, meaning either one of them could be on the hook for the whole amount, like a financial game of Russian roulette.

So why are we in court? Because the credit union already tried this once. They filed a lawsuit in early 2025 — Case No. CJ-2025-85 — but for reasons unknown (maybe a paperwork snafu, maybe a clerical error, maybe someone forgot to serve the summons), it got dismissed without prejudice, which means “try again, but try harder.” And try harder they did. This new petition, filed in 2026, is the sequel nobody asked for: Deficiency Judgment: The Reckoning. The legal claim is straightforward: “money judgment,” aka “give us our money or we’ll see you in court.” No fraud. No theft. No dramatic betrayal. Just a couple who didn’t pay their car loan, a bank that wants its cash, and a legal system built to handle exactly this kind of financial tumbleweed.

Now, let’s talk about that $12,030. Is it a lot? In the grand scheme of civil lawsuits, it’s not massive — no yachts were seized, no offshore accounts drained. But for a couple who just lost a used Jeep, it’s a gut punch. That’s a year of rent in some parts of Oklahoma. That’s a down payment on a new car. That’s a lifetime supply of oil changes. And yet, the credit union isn’t asking for punitive damages, isn’t demanding the Stilwells scrub their floors with toothbrushes — they just want the money, plus interest at 5.49% per year, which is actually lower than current market rates. Irony alert: the Stilwells might have gotten a better deal refinancing with a credit card.

And then there’s the elephant in the room — the arbitration clause. Buried deep in the 5-page contract (which, let’s be honest, nobody reads), there’s a section titled “ARBITRATION PROVISION” in bold, all-caps, screaming at you like a roadside billboard. It says that any dispute — any dispute — must be settled in arbitration, not court. No jury. No judge. Just a single arbitrator, likely paid by the hour, deciding who’s right. And here’s the twist: the credit union still filed in court. Why? Maybe they think the arbitration clause doesn’t apply to deficiency judgments. Maybe they’re betting the Stilwells won’t show up to fight it. Or maybe — just maybe — they know that most people don’t even know they have the right to demand arbitration, and they’re banking on silence.

Our take? The most absurd part of this whole saga isn’t the repossession. It’s not even the $12,000 deficiency on a $19,000 car. It’s the sheer banality of it all. This isn’t a heist. It’s not a scam. It’s not even a dramatic breakup over who gets the Jeep. It’s just two people who fell behind on payments, lost their car, and now face a lawsuit that could wreck their credit, garnish their wages, or force them into bankruptcy — all over a vehicle that probably smelled like old fries and regret. We’re not rooting for the credit union. We’re not even rooting for the Stilwells, though we do feel a pang of sympathy for anyone who thought a 2016 Jeep Patriot was a sound investment. No, we’re rooting for common sense. For a system that doesn’t let lenders profit twice — once from the loan, and again from the wreckage. For contracts that don’t bury escape hatches in 10-point font. And for a world where you can buy a used car without signing your soul over to arbitration. But until then, welcome to the wild west of debt collection — where the only thing more reliable than repossession is the paperwork.

Case Overview

Petition
Jurisdiction
District Court of Cherokee County, Oklahoma
Relief Sought
$12,304 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 money judgment demand for payment of $12,030.32, plus interest, fees, and attorneys' fees

Petition Text

4,650 words
IN THE DISTRICT COURT OF CHEROKEE COUNTY STATE OF OKLAHOMA COMMUNICATION FEDERAL CREDIT UNION, Plaintiff, vs. GREGG STILWELL A/K/A GREGG WILLIAM STILWELL and MARY STILWELL, Defendants. Case No. CJ-2026- 44 PETITION CAUSE OF ACTION – MONEY JUDGMENT COMES NOW Plaintiff, Communication Federal Credit Union (hereafter “Plaintiff”), by and through counsel of record Joshua C. Greenhaw, Cara J. Bisel, and Breanne Stewart of Mee Hawkins Greenhaw & Cotner PLLP, and for its claim against Gregg Stilwell a/k/a Gregg William Stilwell and Mary Stilwell, (hereafter referred to as “Defendants”) alleges and states: 1. Plaintiff previously filed a Money Judgment action, inter alia, against the Defendants named herein in the District Court of Cherokee County assigned to the Honorable Joshua C. King, Case No. CJ-2025-85. Said case was dismissed without prejudice on February 13, 2026. 2. On or about December 29, 2021, Defendants, for good and valuable consideration, executed and delivered to Chris Pruitt Auto Sales, a Retail Installment Sale Contract and Security Agreement (hereafter the “Contract”), in the amount of $19,820.00. 3. As part of Contract, and to secure the payment of the amounts owed pursuant to said Contract, Defendants granted to Chris Pruitt Auto Sales, a security interest in a 2016 Jeep Patriot (VIN: 1C4NJRFB0GD627882) (hereafter the “Vehicle”). A true and correct copy of the Contract is attached hereto as Exhibit “A”. 4. Said Contract was subsequently assigned to Plaintiff and Plaintiff is the current owner and holder thereof and is the current creditor. 5. Defendants were and are in default under the terms of the Contract, and the Vehicle was subsequently recovered by Plaintiff and disposed of in a commercially reasonable manner. 6. Subsequently, an explanation of deficiency was sent to each Defendant. 7. As of November 6, 2024, after credit for all payments and offsets, the balance due under the Contract was $12,030.32, plus interest continuing to accrue from and after November 6, 2024, at the contractual rate of 5.49% per annum, until paid, fees/charges in the amount of $112.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract. WHEREFORE, Plaintiff requests that the Court grant judgment as follows: A money judgment against the Defendants, Gregg Stilwell a/k/a Gregg William Stilwell and Mary Stilwell, jointly and severally, in the sum of $12,030.32, plus interest continuing to accrue from and after November 6, 2024, at the contractual rate of 5.49% per annum, until paid, fees/charges in the amount of $112.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract. Plaintiff further requests that any judgment herein be deemed a final judgment pursuant to 12 O.S. § 994 (OSCN 2026), and for any other relief to which it is entitled. Respectfully submitted, BREANNE STEWART, OBA #35747 [email protected] CARA J. BISEL, OBA #31390 [email protected] JOSHUA C. GREENHAW, OBA #19111 [email protected] MEE HAWKINS GREENHAW& COTNER PLLP PO Box 1375 Oklahoma City, OK 73101 Telephone: (405) 848-9100 Facsimile: (405) 848-9101 ATTORNEYS FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name and Address (Including County and Zip Code) Gregg Stilwell Co-Buyer Name and Address (Including County and Zip Code) Mary Stilwell Seller-Creditor (Name and Address) CHRIS PRUITT AUTO SALES 4696 S Muskogee Ave Tahlequah, OK 74464 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 in 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>New/Used</th> <th>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Which Purchased</th> </tr> <tr> <td>USED</td> <td>2016</td> <td>JEEP PATRIOT</td> <td>132,338</td> <td>1C4NJRFB0GD627882</td> <td>Personal: family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural ☐ N/A</td> </tr> </table> FEDERAL TRUTH-IN-LENDING DISCLOSURES <html> <table border="1"> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate.</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of</th> </tr> <tr> <td>5.49%</td> <td>$3,187.60</td> <td>$19,820.00</td> <td>$23,007.60</td> <td>$23,007.60</td> </tr> </table> </html> Your Payment Schedule Will Be: [e] means an estimate <html> <table border="1"> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>66</td> <td>348.60</td> <td>Monthly beginning<br>01/28/22</td> </tr> <tr> <td>N/A</td> <td>N/A</td> <td>N/A</td> </tr> <tr> <td colspan="3">Or As Follows:</td> </tr> <tr> <td colspan="3">N/A</td> </tr> </table> </html> Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $26.00 or 5% of the part of the payment that is late, whichever is greater. Prepayment. If you pay early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest. Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X ____________________________ Co-Buyer Signs X _________________________ 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 HEREBYUND BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 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. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Signs X ____________________________ Co-Buyer Signs X _________________________ If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other important agreements. EXHIBIT A ITEMIZATION OF AMOUNT FINANCED 1 Cash Price (including $ N/A sales-excise tax) $ 15,516.00 (1) 2 Total Downpayment = Trade-in N/A (Year) (Make) (Model) Gross Trade-In Allowance $ N/A Less Pay Off Made By Seller $ N/A Equals Net Trade In $ N/A + Cash $ N/A + Other N/A $ N/A + Other N/A $ N/A + Other N/A $ N/A (If total downpayment is negative, enter "0" and see 4f below) 3 Unpaid Balance of Cash Price 1 minus 2; $ 0.00 (2) 4 Other Charges Including Amounts Paid To Others on Your Behalf $ 15,516.00 (3) (Seller may keep part of these amounts): A Cost of Optional Credit Insurance Paid to Insurance Company or Companies: Life $ N/A Disability $ N/A B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A C Other Optional Insurance Paid to Insurance Company or Companies $ N/A D Optional Gap Contract $ 895.00 E Official Fees Paid to Government Agencies to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A F Government Taxes Not included in Cash Price $ N/A G Government License and/or Registration Fees $ 10.00 LICENSE AND/OR REG FEES H Government Certificate of Title Fees $ N/A I Other Charges: Seller must identify who is paid and describe purpose. to N/A for Prior Credit or Lease Balance $ N/A to CHRIS PRUITT AUTO SALES for DOC FEE $ 199.00 to NAC for SERVICE CONTRACT $ 3,200.00 to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A to N/A for N/A $ N/A total Other Charges and Amounts Paid to Others on Your Behalf $ 4,304.00 (4) 5 Amount Financed (3 + 4) $ 19,820.00 (5) OPTION: [ ] You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A . Year N/A . SELLER'S INITIALS N/A 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 it 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. OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain 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 66 Mos. Fortegra Name of Gap Contract I want to buy a gap contract. Buyer Signs X Gregg Stitwood Returned Check Charge: You agree to pay a charge of $ 25.00 if any check you give us is dishonored. Buyer Signs X Gregg Stitwood Co-Buyer Signs X Mary Schindel Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. You may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. You are not required to buy any other insurance to obtain credit unless the box indicating Vendor's Single Interest Insurance is required is checked on page 1 of this contract. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance [ ] Credit Life: [ ] Buyer [ ] Co-Buyer [ ] Both [ ] Credit Disability: [ ] Buyer [ ] Co-Buyer [ ] Both Premium: Credit Life S N/A Credit Disability S N/A Insurance Company Name N/A Home Office Address N/A Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. If you choose this insurance, the cost is shown in Item 4A of the Itemization of Amount Financed. Credit life insurance is based on your original payment schedule. This insurance may not pay all you owe on this contract if you make late payments. Credit disability insurance does not cover any increase in your payment or in the number of payments. Coverage for credit life insurance and credit disability insurance ends on the original due date for the last payment unless a different term for the insurance is shown below. Other Optional Insurance [ ] N/A N/A Type of Insurance Term Premium: S N/A Insurance Company Name N/A Home Office Address N/A Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost. I want the insurance checked above. X N/A N/A Buyer Signature Date X N/A N/A Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. LAW 553-OK-ARB-eps 7/19 v1 Page 2 of 5 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, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract, on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale 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 refinance a balloon 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 refinance the balloon payment when due without penalty. The terms of the refinancing 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 even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. 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 involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Security Interest. You give us a security interest in: • The vehicle and 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 insurance, 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 also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 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 during 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 will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount. d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device (such as GPS), 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. If you do not ask for these 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 right to redeem ends when we sell the vehicle. d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. You agree to name us on your insurance policy as an additional insured and as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may 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 will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any 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. 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. Allowed expenses are expenses we pay as a direct result of taking 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 must pay the rest to us unless 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 contracts. 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, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits 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, on 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. SERVICING AND COLLECTION CONTACTS You agree that we may try to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic 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. 6. APPLICABLE LAW Federal law and the law of the state of Oklahoma apply to 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 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 CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 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 this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, 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 and not by a court action. If federal law provides that a claim 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 choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct 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. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award 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 and we retain the right to seek remedies in small claims court for disputes or claims within that court's 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 repossession, or by filing 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 waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. 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. 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 and review it. You acknowledge that you have read all pages of this contract, including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed it. Buyer Signs __________________________ Date 12/29/21 Co-Buyer Signs ____________________________ Date 12/29/21 If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Title N/A Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire 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 X N/A Address N/A Seller signs CHRIS PRUITT AUTO SALES Date 12/29/21 By __________________________ Title __________________________ Seller assigns its interest in this contract to Communication Federal Credit Union (Assignee) under the terms of Seller's agreement(s) with Assignee. □ Assigned with recourse [X] Assigned without recourse □ Assigned with limited recourse Seller CHRIS PRUITT AUTO SALES By __________________________
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