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CREEK COUNTY • CS-2026-00241

Westlake Services, LLC doing business as Westlake Financial Services v. Dakota Jacobson

Filed: Mar 9, 2026
Type: CS

What's This Case About?

Let’s get one thing straight: this is not a murder mystery. There are no secret affairs, no missing persons, no dramatic courtroom confessions. But what we do have—what makes this case absolutely chef’s kiss in the world of petty civil drama—is a man, a 2009 Toyota Venza with over 120,000 miles on it, and a debt collector suing him for $3,509.01 because, apparently, the universe decided this was worth dragging into Creek County District Court. That’s right—this isn’t just a car loan gone bad. This is legal theater starring a used SUV, an interest rate that sounds like a payday loan in disguise, and a contract so dense it could double as a sleep aid.

Meet Dakota Jacobson. He’s not a criminal mastermind. He’s not a fugitive. He’s just a guy from Arizona who, on November 12, 2021, walked into Lesueur Car Company in Tempe and said, “I would like to buy a 13-year-old Toyota Venza, please,” and then signed his name 17 times in digital ink across a 20-page Retail Installment Contract that looked like it was written by a robot trained on fine print and regret. The car? A 2009 Toyota Venza wagon—once the sensible choice of suburban parents and dog owners everywhere, now the automotive equivalent of a hand-me-down sweater. Dakota put $2,000 down, financed $9,418.30 at an annual percentage rate of 14.09% (which, by the way, is wild for a used car loan), and agreed to pay $258.10 a month for four years. The kicker? The contract says he’ll pay a total of $12,388.80 for a car that, at the time, was already worth less than half that. But hey, capitalism!

Now, the plaintiff in this case isn’t the car dealership. It’s Westlake Services, LLC—aka Westlake Financial Services—a shadowy financial entity based in Los Angeles that buys up car loans like baseball cards and then sues people when they don’t pay. Think of them as the vultures of the auto lending world: they don’t sell the cars, they don’t service the loans, they just swoop in when things go south and say, “Ah yes, we now legally own your debt. Pay us. Or else.” Represented by attorney James W. Rusher of Albright, Rusher & Hardcastle (yes, that’s a real law firm name, and no, we’re not making that up), Westlake claims Dakota stopped making payments. Classic move. So they repossessed the Venza—probably via GPS tracker, because the contract explicitly says they can do that—and sold it at auction. But here’s the twist: the auction didn’t cover what Dakota still owed. After the dust settled, there was a balance of $3,509.01. And now, Westlake wants every penny.

Why are they in court? Because Dakota didn’t pay the deficiency—the gap between what the car sold for and what he still owed. That’s it. That’s the whole case. Legally, this is called a “default on a Retail Installment Contract and Security Agreement,” which is just a fancy way of saying: “You didn’t pay, we took the car, sold it, and you still owe us money.” Under Oklahoma law (and most state laws, honestly), if a lender repossesses and sells a vehicle, they can sue the borrower for any remaining balance. The contract even spells it out: “We may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us.” So this isn’t some sketchy loophole. It’s standard debt collection procedure. Boring? Yes. Legally sound? Also yes. But still… $3,500 over a 2009 Venza?

Let’s talk about what Westlake wants. They’re asking for $3,509.01—plus interest, court costs, and attorney’s fees. Is that a lot? Well, for a 13-year-old car with a quarter-million miles (we’re assuming it’s been driven since), it feels excessive. But in the grand scheme of debt collection lawsuits? It’s actually on the low end. Most deficiency judgments can run into the tens of thousands. This one? It’s barely enough to buy a decent used car today. But that’s not the point. The point is, Westlake wants to be made whole. They want their money. They want their fees. They want their principle. And they’re willing to file a lawsuit in Creek County, Oklahoma—despite the fact that Dakota lives in Arizona and bought the car in Arizona—to get it. Why Oklahoma? Because that’s where Westlake decided to sue. Jurisdictional gymnastics are just part of the game.

Now, here’s where we, the impartial narrators of petty civil chaos, take a moment to editorialize. What’s the most absurd part of this whole saga? Is it the 14.09% interest rate on a used car? The fact that someone thought a 2009 Venza was worth over $14,000 total? The 20-page contract with an arbitration clause that basically says, “If you sue us, we’ll make you go to arbitration instead, and also you can’t join a class action, and also we might track your car”? All valid contenders. But the real absurdity is this: Dakota Jacobson bought a car in Arizona, from an Arizona dealer, with an Arizona contract, governed by Arizona law… and now he’s being sued in Oklahoma. That’s not just aggressive debt collection. That’s legal gerrymandering. It’s like if you bought a burrito in Albuquerque and got sued in Nebraska because the chili powder supplier had a subsidiary there. It’s technically legal, but it feels like a scam.

And yet—here’s the twist—we’re not even mad. Not really. Because while Westlake comes across like a soulless debt machine (and look, they kinda are), Dakota did sign the contract. He agreed to the terms. He knew—or at least, the contract says he read it—that if he defaulted, they could repossess the car, sell it, and come after him for the difference. There’s no allegation of fraud, no hidden fees, no bait-and-switch. This is just how the system works. And the system, folks, is ruthless. It’s designed to keep people paying, even when the car is gone, even when the value is gone, even when the dream of reliable transportation has turned into a rusty, repo’d memory.

So where do we stand? Are we rooting for Dakota? Sure, in the way you root for any underdog who got caught in the gears of late-stage capitalism. Are we rooting for Westlake? Not really, but they’re playing by the rules. And the rules say: if you borrow money, you pay it back. Even if the car ends up in an auction lot. Even if the balance feels unfair. Even if the whole thing stinks of financial predation.

In the end, this isn’t about justice. It’s about paperwork. It’s about clauses. It’s about a man, a machine, and a mountain of fine print. And if that’s not the most American story ever told, we don’t know what is.

Case Overview

$3,509 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$3,509 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Default on a Retail Installment Contract and Security Agreement Defendant defaulted on a contract to purchase a vehicle, resulting in a balance of $3,509.01

Petition Text

5,278 words
IN THE DISTRICT COURT IN AND FOR CREEK COUNTY STATE OF OKLAHOMA WESTLAKE SERVICES, LLC, doing business as, WESTLAKE FINANCIAL SERVICES Plaintiff, vs. DAKOTA JACOBSON, Defendant. PETITION FOR INDEBTEDNESS Plaintiff, Westlake Services, LLC doing business as Westlake Financial Services ("Westlake"), for its claims against the Defendant, Dakota Jacobson, ("Defendant"), alleges and states as follows: 1. Westlake is a foreign corporation. 2. Defendant is an individual who resides in Creek County, State of Oklahoma. 3. This Court has jurisdiction over the claim asserted herein and venue is proper in this Court. 4. On or about November 12, 2021, Defendant entered into a Retail Installment Contract and Security Agreement ("Contract") with Lesueur Car Company ("Dealer") pursuant to which Defendant purchased a 2009 Toyota Venza and financed the sum of $11,153.00 to be paid at 20.90% 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 2009 Toyota Venza 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 $3,509.01. 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, Dakota Jacobson, for the sum of $3,509.01, plus interest from the date suit is filed at the legal rate of 6% per annum, plus post-judgment interest pursuant to Okla. Stat. tit. 12, §727.1, plus the costs of this action, including a reasonable attorneys' fee, and for such other and further relief to which Plaintiff may be entitled. Respectfully submitted, James W. Rusher, OBA #11501 Albright, Rusher & Hardcastle 2600 Bank of America Center 15 West Sixth Street Tulsa, OK 74119-5434 (918) 583-5800 Attorneys for Plaintiff Retail Installment Contract and Security Agreement Seller Name and Address Lesueur Car Company 1109 E Curry Rd Tempe, AZ 85281 Buyer(s) Name(s) and Address(es) Dakota Jacobson 3735 E 27th St Tucson, AZ 85713 Summary No. App# 68633154 - V# 1 Date 11/12/2021 ☐ Business, commercial or agricultural purpose Contract. Truth-In-Lending Disclosure <table> <tr> <th>Annual Percentage Rate<br>The cost of your credit as a yearly rate.</th> <th>Finance Charge<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid when you have made all scheduled payments.</th> <th>Total Sale Price<br>The total cost of your purchase on credit, including your down payment of</th> </tr> <tr> <td>14.09%</td> <td>$ 2970.50</td> <td>$ 9418.30</td> <td>$ 12388.80</td> <td>$ 2000.00<br>$ 14388.80</td> </tr> </table> Payment Schedule. Your payment schedule is: <table> <tr> <th>No. of Payments</th> <th>Amount of Payments</th> <th>When Payments are Due</th> </tr> <tr> <td>48</td> <td>$ 258.10</td> <td>Monthly, Beginning 12/15/21</td> </tr> </table> Security. You are giving us a security interest in the Property purchased. Late Charge. If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5% of the unpaid amount of the payment due. Prepayment. If you pay off this Contract early, you will not have to pay a penalty. Contract Provisions. You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Arizona Used Motor Vehicle Warranty This section applies to used vehicles only. The Seller hereby warrants that this Vehicle will be fit for the ordinary purposes for which the Vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay $25.00 for each of the first two repairs if the warranty is violated. Attention Purchaser. Sign here only if the dealer told you that this Vehicle has the following problem(s) and that you agree to buy the Vehicle on those terms: 1. N/A 2. N/A 3. N/A Signed By: Dakota Jacobson Nov 12, 2021 4:13:15 PM PST By: Dakota Jacobson 11/12/2021 By: Date By: Date Warranties 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 on the Vehicle, except as described above for used vehicles. Making no warranties means that the Seller is selling the Vehicle as is - not expressly warranted or guaranteed and without implied warranties of merchantability (except as described above) or fitness for a particular purpose. This provision does not affect any warranties covering the Vehicle that the Vehicle manufacturer may provide. Description of Property <table> <tr> <th>Year</th> <th>Make</th> <th>Model</th> <th>Style</th> <th>Vehicle Identification Number</th> <th>Odometer Mileage</th> </tr> <tr> <td>2009</td> <td>Toyota</td> <td>Venza</td> <td>Wagon</td> <td>4T3ZE11A99U018897</td> <td>120237</td> </tr> </table> Description of Trade-In N/A Conditional Delivery [ ] Conditional Delivery. If checked, you agree that the following agreement regarding securing financing ("Agreement") applies: ______________________________________________. The Agreement is part of this Contract. The Agreement will no longer control after the assignment is accepted. If there are any conflicts between the terms of the Agreement and the Contract, the terms of this Contract will apply. Sales Agreement Payment. You promise to pay us the principal amount of $9418.30 plus finance charges accruing on the unpaid balance at the rate of 14.09% per year from the date of this Contract until maturity. After maturity, or after you default and we demand payment, we will charge finance charges on the unpaid balance at 14.09% per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. Down Payment. You also agree to pay or apply to the Cash Price, on or before the date of this Contract, any cash, rebate and net trade-in value described in the Itemization of Amount Financed. [ ] You agree to make deferred down payments as set forth in your Payment Schedule. (This area intentionally left blank.) Itemization of Amount Financed a. Cash Price of Vehicle, etc. (incl. sales tax of $660.05) $11137.05 b. Trade-in allowance $N/A c. Less: Amount owing, paid to (includes k): $N/A d. Net trade-in (b-c; if negative, enter $0 here and enter the amount on line k) $N/A e. Cash payment $2000.00 f. Manufacturer's rebate $N/A g. Deferred down payment $N/A h. Other down payment (describe) $N/A i. Down Payment (d+e+f+g+h) $2000.00 j. Unpaid balance of Cash Price (a-i) $9137.05 k. Financed trade-in balance (see line d) $ l. Paid to public officials, including filing fees $82.25 m. Insurance premiums paid to insurance company(ies) $N/A n. Service Contract, paid to: To: Lesueur Car Company for Doc Fee $199.00 o. To: $N/A p. To: $N/A q. To: $N/A r. To: $N/A s. To: $N/A t. To: $N/A u. To: $N/A v. To: $N/A w. To: $N/A x. To: $N/A y. Total Other Charges/Amts Paid (k thru x) $281.25 z. Prepaid Finance Charge $N/A aa. Amount Financed (j+y+z) $9418.30 We may retain or receive a portion of any amounts paid to others. Broker Fee. [ ] If this box is checked, this Contract is subject to a broker fee paid by the Seller to ____________________________ Insurance Disclosures Credit Insurance. Credit life and credit disability (accident and health) are not required to obtain credit and are not a factor in the credit decision. We will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it for you (if you qualify for coverage). We are quoting below only the coverages you have chosen to purchase. Credit Life [ ] Single [ ] Joint [X] None Premium $ N/A Term ____________________________ Insured ________________________________ Credit Disability [ ] Single [ ] Joint [X] None Premium $ N/A Term ____________________________ Insured ________________________________ Your signature below means you want (only) the insurance coverage(s) quoted above. If "None" is checked, you have declined the coverage we offered. N/A By: _______ DOB _______ N/A By: _______ DOB _______ N/A By: _______ DOB _______ Property Insurance. You must insure the Property. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not exceed $ N/A. If you get insurance from or through us you will pay $ N/A for ____ months of coverage. This premium is calculated as follows: [ ] $ N/A Deductible, Collision Cov. [ ] $ N/A Deductible, Comprehensive Cov. [ ] Fire-Theft and Combined Additional Cov. $ N/A [ ] ______________________ $ N/A Single-Interest Insurance. You must purchase single-interest insurance as part of this sale transaction. You may purchase the coverage from a company of your choice, reasonably acceptable to us. If you buy the coverage from or through us, you will pay $ N/A for ____ months of coverage. (This area intentionally left blank.) Returned Payment Charge. If you make any payment required by this Contract that is returned or dishonored, you agree to pay a fee of not more than $25.00 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument. Governing Law and Interpretation. This Contract is governed by the law of Arizona and applicable federal law and regulations. If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. You authorize us to correct any clerical error or omissions in this Contract or in any related document. Name and Location. Your name and address set forth in this Contract are your exact legal name and your principal residence. You will provide us with at least 30 days notice before you change your name or principal residence. Telephone Monitoring and Calling. You agree that we may from time to time monitor and record telephone calls made or received by us or our agents regarding your account to assure the quality of our service. In order for us to service the account or to collect any amounts you may owe, and subject to applicable law, you agree that we may from time to time make calls and send text messages to you using prerecorded/artificial voice messages or through the use of an automatic dialing device at any telephone number you provide to us in connection with your account, including a mobile telephone number that could result in charges to you. Default. You will be in default on this Contract if any one of the following occurs (except as prohibited by law): • You fail to perform any obligation that you have undertaken in this Contract. • We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. Unless prohibited by law, if you default, you agree to pay a reasonable amount for our cost of collection, our legal expenses and reasonable attorneys' fees if we refer this Contract to an attorney not a salaried employee of ours, and court costs." If an event of default occurs as to any of you, we may exercise our remedies against any or all of you. Remedies. If you are in default on this Contract, we have all of the remedies provided by law and this Contract. Those remedies include: • We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges. • We may pay taxes, assessments, or other liens or make repairs to the Property if you have not done so. We are not required to do so. You will repay us that amount immediately. That amount will earn finance charges from the date we pay it at the post-maturity rate described in the Payment section until paid in full. • We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. • We may immediately take possession of the Property by legal process or self-help, but in doing so we may not breach the peace or unlawfully enter onto your premises. • We may then sell the Property and apply what we receive as provided by law to our reasonable expenses of repossessing, storing, preparing for sale and selling the Property and then toward what you owe us. • Except when prohibited by law, we may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us. By choosing any one or more of these remedies, we do not give up our right to later use another remedy. By deciding not to use any remedy, we do not give up our right to consider the event a default if it happens again. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). You agree that we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. You may have a right to recover that property. If the Property has an electronic tracking device, you agree that we may use the device to find the vehicle. NOTICE. The following information applies if this Contract is secured by a motor vehicle, as that term may be defined by applicable Arizona law: It is unlawful to fail to return a motor vehicle subject to a security interest within thirty days after receiving notice of default. Any notice of default we send you will be mailed to your address on this Contract. It is your responsibility to tell us your new address if it changes. Unlawful failure to return a motor vehicle subject to a security interest is a class 6 felony which for a first offense carries a maximum jail sentence of 1.5 years. The maximum jail sentence may be greater if there are aggravating circumstances or you have a prior criminal record. The court may also impose a fine of no more than $150,000. Obligations Independent. Each person who signs this Contract agrees to pay this Contract according to its terms. This means the following: • You must pay this Contract even if someone else has also signed it. • We may release any co-buyer or guarantor and you will still be obligated to pay this Contract. • We may release any security and you will still be obligated to pay this Contract. • If we give up any of our rights, it will not affect your duty to pay this Contract. • If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. Warranty. In addition to the information provided in the Arizona Used Motor Vehicle Warranty section and the Warranties section of this Contract, warranty information may be provided to you separately. Security Agreement Security. To secure your payment and performance under the terms of this Contract, you give us a security interest in the Vehicle, all accessions, attachments, accessories, and equipment placed in or on the Vehicle and in all other Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. Duties Toward Property. By giving us a security interest in the Property, you represent and agree to the following: • You will defend our interests in the Property against claims made by anyone else. You will keep our claim to the Property ahead of the claim of anyone else. You will not do anything to change our interest in the Property. • You will keep the Property in your possession and in good condition and repair. You will use the Property for its intended and lawful purposes. • You agree not to remove the Property from the U.S. without our prior written consent. • You will not attempt to sell the Property, transfer any rights in the Property, or grant another lien on the Property without our prior written consent. • You will pay all taxes and assessments on the Property as they become due. • You will notify us with reasonable promptness of any loss or damage to the Property. • You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. Agreement to Provide Insurance. You agree to provide property insurance on the Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the Insurance Disclosures section, or as we will otherwise require. You will name us as loss payee on any such policy. Generally, the loss payee is the one to be paid the policy benefits in case of loss or damage to the Property. In the event of loss or damage to the Property, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. You agree that if the insurance proceeds do not cover the amounts you still owe us, you will pay the difference. You will keep the insurance in full force and effect until this Contract is paid in full. If you fail to obtain or maintain this insurance, or name us as loss payee, we may obtain insurance to protect our interest in the Property. This insurance may be written by a company other than one you would choose. It may be written at a rate higher than a rate you could obtain if you purchased the property insurance required by this Contract. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn finance charges from the date paid at the post-maturity rate described in the Payment section until paid in full. Gap Waiver or Gap Coverage. In the event of theft or damage to the Vehicle that results in a total loss, there may be a gap between the amount due under the terms of the Contract and the proceeds of your insurance settlement and deductibles. You are liable for this difference. You have the option of purchasing Gap Waiver or Gap Coverage to cover the gap liability, subject to any conditions and exclusions in the Gap Waiver or Gap Coverage agreements. Arbitration Provision PLEASE READ CAREFULLY! By agreeing to this Arbitration Provision you are giving up your right to go to court for claims and disputes arising from this Contract: • EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION, AND NOT BY A COURT OR BY JURY TRIAL. ❖ YOU GIVE UP ANY RIGHT THAT YOU MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION AGAINST US IF A DISPUTE IS ARBITRATED. ❖ IN ARBITRATION, DISCOVERY AND RIGHTS TO APPEAL ARE GENERALLY MORE LIMITED THAN IN A JUDICIAL PROCEEDING, AND OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE. You or we (including any assignee) may elect to resolve any Claim by neutral, binding arbitration and not by a court action. "Claim" means any claim, dispute or controversy between you and us or our employees, agents, successors, assigns or affiliates arising from or relating to: 1. the credit application; 2. the purchase of the Property; 3. the condition of the Property; 4. this Contract; 5. any insurance, maintenance, service or other contracts you purchased in connection with this Contract; or 6. any related transaction, occurrence or relationship. This includes any Claim based on common or constitutional law, contract, tort, statute, regulation or other ground. To the extent allowed by law, the validity, scope and interpretation of this Arbitration Provision are to be decided by neutral, binding arbitration. If either party elects to resolve a Claim through arbitration, you and we agree that no trial by jury or other judicial proceeding will take place. Instead, the Claim will be arbitrated on an individual basis and not on a class or representative basis. The party electing arbitration may choose either of the following arbitration organizations and its applicable rules, provided it is willing and able to handle the arbitration: American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019 (www.adr.org) or JAMS, 1920 Main Street, Suite 300 Irvine, CA 92614 (www.jamsadr.com), or it may choose any other reputable arbitration organization and its rules to conduct the arbitration, subject to the other party's approval. The parties can get a copy of the organization's rules by contacting it or visiting its website. If the chosen arbitration organization's rules conflict with this Arbitration Provision, the terms of this Arbitration Provision will govern the Claim. However, to address a conflict with the selected arbitration organization's rules, the parties may agree to change the terms of this Arbitration Provision by written amendment signed by the parties. If the parties are not able to find or agree upon an arbitration organization that is willing and able to handle the arbitration, then the arbitrator will be selected pursuant to 9 U.S. Code Sections 5 and 6. The arbitration hearing will be conducted in the federal district where you reside unless you and we otherwise agree. Or, if you and we agree, the arbitration hearing can be by telephone or other electronic communication. The arbitration filing fee, arbitrator's compensation and other arbitration costs will be paid in the amounts and by the parties according to the rules of the chosen arbitration organization. Some arbitration organizations' rules require us to pay most or all of these amounts. If the rules of the arbitration organization do not specify how fees must be allocated, we will pay the filing fee, arbitrator's compensation, and other arbitration costs up to $5,000, unless the law requires us to pay more. Each party is responsible for the fees of its own attorneys, witnesses, and any related costs, if any, that it incurs to prepare and present its Claim or response. In limited circumstances, the arbitrator may have the authority to award payment of certain arbitration costs or fees to a party, but only if the law and arbitration organization rules allow it. An arbitrator must be a lawyer with at least ten (10) years of experience and familiar with consumer credit law or a retired state or federal court judge. The arbitration will be by a single arbitrator. In making an award, an arbitrator shall follow governing substantive law and any applicable statute of limitations. The arbitrator will decide any dispute regarding the arbitrability of a Claim. An arbitrator has the authority to order specific performance, compensatory damages, punitive damages, and any other relief allowed by applicable law. An arbitrator's authority to make awards is limited to awards to you or us alone. Claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any arbitration award shall be in writing, shall include a written reasoned opinion, and will be final and binding subject only to any right to appeal under the Federal Arbitration Act ("FAA"), 9 U.S.C. Sections 1, et seq. Any court having jurisdiction can enforce a final arbitration award. You and we agree that this Arbitration Provision is governed by the FAA to the exclusion of any different or inconsistent state or local law. You or we can do the following without giving up the right to require arbitration: seek remedies in small claims court for Claims within the small claims court's jurisdiction, or seek judicial provisional remedies. If a party does not exercise the right to elect arbitration in connection with any particular Claim, that party still can require arbitration in connection with any other Claim. This Arbitration Provision survives any (i) termination, payoff, assignment or transfer of this Contract, (ii) any legal proceeding by you or us to collect a debt owed by the other, and (iii) any bankruptcy proceeding in which you or we are the debtor. With but one exception, if any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder of this Arbitration Provision will remain in full force and effect. The one exception is that if a finding of partial unenforceability would allow arbitration to proceed on a class-wide basis, then this Arbitration Provision will be unenforceable in its entirety. PROCESS TO REJECT THIS ARBITRATION PROVISION. You may reconsider and reject your approval of this Arbitration Provision by sending a written notice to the Assignee (identified in the Assignment section) or if there is no Assignee, then to Seller. The notice must be postmarked within 30 days of the date you signed this Contract. It simply needs to state your decision to reject the Arbitration Provision in this Contract and include your signature. It must also provide your name, Seller's name and the date of this Contract. Rejecting this Arbitration Provision will NOT affect the terms under which we will finance and sell the Property to you or any other terms of this Contract, except that the Arbitration Provision will not apply. CAUTION: It is important that you read this Arbitration Provision thoroughly before you sign this Contract. By signing this Contract, you acknowledge that you read, understand and agree to this Arbitration Provision. If you do not understand this Arbitration Provision, do not sign this Contract; instead ask your lawyer. If you approve this Arbitration Provision, you have an additional 30 days after signing to reconsider and reject your approval, as described above. If you use that process to reject, this Arbitration Provision will not be a part of this Contract, but the rest of this Contract will still be binding and effective. Notices Note. If the primary use of the Vehicle is non-consumer, this is not a consumer contract, and the following notice does not apply. 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 HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. If you are buying a used vehicle: 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. Si compra un vehículo usado: La información que ve adherida en la ventana forma parte de este contrato. La información contenida en el formulario de la ventana prevalece por sobre otra disposición en contrario incluida en el contrato de compraventa. Third Party Agreement (This section applies ONLY to a person who will have an ownership interest in the Property but is NOT a Buyer obligated to pay this Contract ("Third Party Owner").) In this section only, "you" means only the person signing this section. By signing below you agree to give us a security interest in the Property described in the Description of Property section. You also agree to the terms of this Contract except that you will not be liable for the payments it requires. Your interest in the Property may be used to satisfy the Buyer's obligation. You agree that we may renew, extend or change this Contract, or release any party or Property without releasing you from this Contract. We may take these steps without notice or demand upon you. You acknowledge receipt of a completed copy of this Contract. N/A By: Signature of Third Party Owner (NOT the Buyer) Date 11/12/2021 Arbitration Provision and Process to Remove This Contract contains an Arbitration Provision that affects your rights. By signing this Contract, you agree that either of us may request and require the other to resolve disputes or claims through arbitration instead of a lawsuit. The Arbitration Provision includes a process you can follow in the next 30 days if you reconsider and want to reject the Arbitration Provision. Acknowledgment for Electronic Signatures ☐ Electronic Signature Acknowledgment. You agree that (i) you viewed and read this entire Contract before signing it, (ii) you signed this Contract with one or more electronic signatures, (iii) you intend to enter into this Contract and your electronic signature has the same effect as your written ink signature, (iv) you received a paper copy of this Contract after it was signed, and (v) the authoritative copy of this Contract shall reside in a document management system held by Seller in the ordinary course of business. You understand that Seller may transfer this Contract to another company in the electronic form or as a paper version of that electronic form which would then become the authoritative copy. Seller or that other company may enforce this Contract in the electronic form or as a paper version of that electronic form. You may enforce the paper version of the Contract copy that you received. Signature Notices 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. Signatures Entire Agreement. Your and our entire agreement is contained in this Contract. There are no unwritten agreements regarding this Contract. Any change to this Contract must be in writing and signed by you and us. eSigned By: Dakota Jacobson 11/12/2021 By: Dakota Jacobson Date By: Original Date By: Original Date (This area intentionally left blank.) Notice to the Buyer. 1. Do not sign this Contract before you read it or if it contains any blank spaces. 2. You are entitled to an exact copy of the Contract you sign. By signing below, you agree to the terms of this Contract. You received a copy of this Contract and had a chance to read and review it before you signed it. THE INSURANCE SHOWN IN THE INSURANCE DISCLOSURES SECTION OF THIS CONTRACT DOES NOT INCLUDE LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS UNLESS SUCH INSURANCE IS SPECIFICALLY PROVIDED FOR IN THAT SECTION. Buyer eSigned By: Dakota Jacobson Nov 12, 2021 4:13:15 PM PST By: Dakota Jacobson Date 11/12/2021 By: Date By: Date Seller Lesueur Car Company eSigned By: Riley Price Nov 12, 2021 4:04:51 PM PST By: Date we are regulated by the Arizona Department of Financial Institutions. Any complaints you have concerning this Contract may be addressed to the Arizona Department of Financial Institutions, 2910 North 44th Street, Suite 310, Phoenix, Arizona 85018; Telephone (602) 255-4421. Assignment. This Contract and Security Agreement is assigned to Westlake Financial 4751 Wilshire Blvd. Suite 100 Los Angeles CA 90010, the Assignee, phone (800) 641-6700. This assignment is made under the terms of a separate agreement made between the Seller and Assignee. ☐ This Assignment is made with recourse. Seller Lesueur Car Company eSigned By: Riley Price Nov 12, 2021 4:04:51 PM PST By: Date
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