Westlake Services, LLC, doing business as Westlake Financial Services v. Lauren H. Wren

IN THE DISTRICT COURT IN AND FOR WASHINGTON COUNTY STATE OF OKLAHOMA WESTLAKE SERVICES, LLC, doing business as, WESTLAKE FINANCIAL SERVICES Plaintiff, vs. LAUREN H. WREN, Defendant. Case No. CS-2026-185 PETITION FOR INDEBTEDNESS Plaintiff, Westlake Services, LLC doing business as Westlake Financial Services ("Westlake"), for its claims against the Defendant, Lauren H. Wren, ("Defendant"), alleges and states as follows: 1. Westlake is a foreign corporation. 2. Defendant is an individual who resides in Washington 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 July 21, 2021, Defendant entered into a Motor Vehicle Retail Installment Sales Contract and Purchase Money Security Agreement ("Contract") with Car World ("Dealer") pursuant to which Defendant purchased a 2009 Acura TSX and financed the sum of $9,442.01 to be paid at 20.10% interest in 48 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 Acura TSX 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 $4,002.03, consisting of the principal balance of $3,689.69, interest of $254.22 and costs and expenses of $58.12. 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, Lauren H. Wren, for the sum of $4,002.03, plus interest from the date suit is filed at the legal rate of 6% per annum, plus post-judgment interest pursuant to Okla. Stat. tit. 12, §727.1, plus the costs of this action, including a reasonable attorneys' fee, and for such other and further relief to which Plaintiff may be entitled. Respectfully submitted, James W. Rusher, OBA #11501 Albright, Rusher & Hardcastle 15 West Sixth Street, Suite 2600 Tulsa, OK 74119-5434 (918) 583-5800 [email protected] Attorneys for Plaintiff This appears to be a car sales contract containing detailed financial and insurance information for a vehicle sale. The contract includes sections for vehicle details, payments, financing charges, warranties, and liability insurance. The document also contains legal disclaimers and agreements regarding the use of the vehicle for personal use only. Due to its complexity and verbosity, the full text would need to be transcribed page by page to ensure all information is captured accurately. Key elements include: - Vehicle Make/Year/Model - Annual Percentage Rate - Terms and Conditions of Financing - Insurance Coverage - Liability Insurance Details - Legal and Disclaimer Statements It is recommended to consult a lawyer if you have specific questions about the contract. ADDITIONAL TERMS, AGREEMENTS AND CONDITIONS 1. BUYERS GUARANTEE TO USED VEHICLES: THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. LA INFORMACION QUE APARECE EN LA VENTANILLA DE ESTE VEHICULO FORMA PARTE DE ESTE CONTRATO. LA INFORMACION CONTENIDA EN EL FORMULARIO DE LA VENTANILLA NO ANULA CUALQUIER PREVISION QUE ESTABLEZCA LO CONTRARIO Y QUE APAREZCA EN EL CONTRATO DE VENTA. 2. (a) You agree to indemnify and hold harmless Asignee; NOTICE: ANYHOLDER IN THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH MAY BE MADE BY OR ARE ASSIGNED AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREINAFTER RECOVERED BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR THEREUNDER. (b) If at any time we or our authorized representative calls on you, you will not assert any claim or defense against an Asignee of this Contract except if a type which may be asserted against a holder in due course. 3. ADDITIONAL COVENANTS OF BUYER: (a) You will (a) store the Vehicle at your address on the face hereof; (b) permit us to examine the Vehicle at any time; (c) maintain the Vehicle in good condition and repair; (d) not permit the Vehicle to be permanently removed from the State of Arizona without our written consent; (e) not permit the Vehicle for hire or rent; (f) not create or permit to be created any lien or encumbrance or adverse claim of any character whatsoever, whether for storage, repair, or otherwise, upon the Vehicle; (g) not assign the Vehicle to rent, lease, assign, or otherwise transfer your right, title, or interest in the Vehicle or this Contract without our written permission; and (h) pay all state, federal, and local taxes in a timely manner. (b) You shall allow us, at our option and without any obligation to do so, to discharge, remedy, or cause to be remedied any default under the terms hereof at any time breaching or placing the Vehicle You hereby agree to reimburse us upon demand for any expense incurred by us pursuant to this authorization, plus interest thereon at the Annual Percentage Rate, and to pay interest at such rate to the Annual Percentage Rate. There is not the existence of this Contract. Our acceptance of this Contract in any manner modifies the terms of this Contract and such acceptance shall not be construed as a waiver of any subsequent defaults on your part nor shall it waive the "right of the action" provision. Any payment received in addition to or in excess of a regular scheduled payment may be applied first to accrued late charges and collection charges (if any) and next to the principal charge. Any payment received in addition to or in excess of the amount required to be paid as a result of any prior written consent. You agree that you will not use or permit the Vehicle to be used for any unlawful purpose, nor to be used for failure to pay any amount owed to us or any other person or entity who may assert a valid claim against you in connection with the Vehicle, this Contract and the indebtedness represented hereby. You authorize us, at our option and without any obligation to do so, to discharge, remedy, or cause to be remedied any default under the terms hereof at any time breaching or placing the Vehicle You hereby agree to reimburse us upon demand for any expense incurred by us pursuant to this authorization, plus interest thereon at the Annual Percentage Rate, and to pay interest at such rate to the Annual Percentage Rate. Any notice of default to you must be in writing and mailed or delivered to your last known address, as set forth in the Annual Percentage Rate tab. Such notice will be deemed given to you by ordinary mail, postage prepaid, to your mailing address given herein or to your most recent address as shown by a "Notice of Change of Address" on file with us whether or not actually received by you, or if given in any other manner which results in your actual receipt of such notice. 4. (a) Required (i) to keep the Vehicle insured of your own organized force of two (or more) persons at a non-forfeiture basis as we shall designate; (b) such insurance policies shall contain a non-cancelable endorsement signed by us, authorizing us to be notified of any change in the policy, unless we shall notify the insurer otherwise; (c) such insurance is to be placed with insurance companies reasonably acceptable to us and loss thereof is not covered and (d) at each party's interest you hereby assign to us the proceeds of all such insurance to the extent of the unpaid balance hereunder and direct payment to the insurer of all claims thereon, promptly upon request and upon our, at our option and without obligation to do so, to plaintiff and pay for insurance on the vehicle upon your failure, abscess, or breach, as required to do so by law. The requirement to do so, and pay the premium either for such insurance or similar insurance protecting us only, adding same to the unpaid balance then owing or by pre-advance which facilitates additional installment payments due under this Contract and is added to the remaining installments or payable in additional installments, due on this Contract. The proceeds thereof shall be held by us and applied to payment of any and all expenses incurred by us in enforcing the terms of this Contract, or any expenses incurred by us pursuant to the foregoing authorization, together with interest thereon from disbursement until paid at the rate equal to the Annual Percentage Rate. In the event of a loss, you agree that we may collect the proceeds from such insurance and apply the proceeds towards repayment of the Note in whole or in part. The insurance policies which we may require, which shall be with reputable insurers, or as we are authorized to cancel any insurance and credit any premium refund against said unpaid balance. 5. ABSENCE OF GREENE: DELINQUENT PAYMENTS: If you fail to make timely payments under this Contract, and if such delinquency requires collection efforts by us, you agree to pay reasonable collection charges and costs (including attorney's fees) incurred by us, which charges may include specific charges for collection calls and collections. 6. PREPAYMENT: You may prepay the principal balance in full or in part at any time without penalty, provided all finance charges and other charges have been fully computed. 7. COMPUTATION OF FINANCE CHARGES: Finance charges accrue on a daily basis. A day shall be treated as 1/366th of a year, unless the lender elects this Contract uses a method of computation which counts a day as 1/365th or 1/360ths of a year, in which event the method of computations used by the lender shall govern. All payments shall be applied in the order set forth above. If you fail to fully repay your debt secured hereby: 8. EVENTS OF DEFAULT: (a) Any one of the following will constitute an Event of Default. Failure to comply with any of the conditions and covenants hereof; (b) If any warranty, representation or statement made herein or furnished to us by you or on your behalf in connection with this Contract proves to have been false in any material respect when made (or was not true as of the date made); (c) The commencement of any bankruptcy, arrangement, reorganization, dissolution, insolvency, receivership, or other similar proceeding affecting your property or estate for you; (d) The recurrence of any adverse change in your financial condition deemed material by us, or, if in our judgment the Vehicle is not being operated in conformity with the agreements reasonably deemed ourselves insurers; (e) If you default in performing any of your obligations, promises, covenants or agreements contained herein or in any agreement, note or contract, written or oral, now or hereafter made between you and us; (f) If any of the following shall constitute an Event of Default, if, in our opinion, such occurrence by itself, or such occurrence together with another circumstance or circumstances, has a substantial adverse effect upon the ability of the indebtedness due: (1) Your death or incapacity; (2) If the Vehicle is levied upon or attached upon under any levy, attachment, garnishment, writ of execution, process, or any lien is attached thereto; (3) If the Vehicle is lost, stolen, or suffers substantial damage or destruction; (4) If the Vehicle is sold, exchanged or transferred to a third party without our consent; 9. DEBTOR'S LIABILITY FOR FAILURE TO RETURN VEHICLE: It is unlawful to fail to return a motor vehicle subject to a security interest within 30 days after receiving notice of default. In the event of a default, notice of default shall be mailed to you at the address on this Contract. However, nothing herein shall delay or impair any of our rights or remedies under this Contract or any other agreement to which you are a party. We may enroll this Contract and will not limit or impair any of our rights or remedies in the event of your failure to return the Vehicle within the time stated. If you fail to return the listed address current. Undue failures returns a motor vehicle subject to a security interest is a class 5 felony. Assuming you have no history of prior defaults, a failure to return the Vehicle is punished by a term of imprisonment up to 1 year plus a fine of up to $35,000, and all applicable charges. 10. RIGHTS AND REMEDIES Upon the occurrence of any Event of Default, we may, at our option, and without notice to you, declare all of your indebtedness due, declare all of your indebtedness to be immediately due and payable, and we shall have the further remedies available to us in the nature of a secured party, and you shall have the rights and duties of a debtor, under the Uniform Commercial Code as adopted in the State of Arkansas, and subsequent laws and regulations adopted therein or in this Contract, and as otherwise provided by law, which may be exercised by us at any time or place in any manner permitted by law but without notice or resort to legal process and for such purpose to enter upon any premises on which the Vehicle is located, or any other place where the Vehicle is found, and remove the Vehicle, or, at our option, to render the Vehicle unusable; (b) To make or have made any repairs deemed necessary or desirable, the cost of which shall be charged against the unpaid balance owed us. If the Vehicle is sold, rented or leased, the proceeds, less our expenses, shall be applied toward the outstanding indebtedness. If the proceeds are insufficient, you will remain liable for any deficiency. If the Vehicle is not sold, rented or leased, we shall furnish you with a written statement setting forth the amount of our expenses, and you will remain liable for any deficiency. If the Vehicle is sold in a commercially reasonable manner, which includes either a public sale or a private sale, it is agreed that 10 days' notice of any such sale shall be reasonable. The proceeds of the sale, less allowable expenses, will be used to pay the amount still owed on this Contract. Allowed expenses are those reasonably incurred in connection with any sale or auctioning of the Vehicle, which includes preparing it for sale and selling it. In addition, if we have an attorney who is not our salaried employee to collect what you owe, you will also pay reasonable attorney fees and costs of suit, including interest. If the proceeds allowed expenses, are not sufficient to pay the net amount still owed on this Contract, then, to the extent permitted by law, we may recover the deficiency. Subject to the provisions of Article IV below, if a sale is made, we will notify you and any assignee to whom we have tendered to your obligor. If there is money left over (surplus), it will be paid to you or whomever else legally entitled to receive it. If the proceeds of the sale are insufficient to pay off the secured obligations of any property which is not security for this Contract, we will hold it for you. If you do not claim the property within 30 days after we have reported the Vehicle, we may dispose of the property in any manner we may select. You agree that we will have no further liability to you for this property. 11. GENERAL: This Contract, is subject to the laws of the State of Arkansas. Any provision found to be invalid shall not invalidate the remainder hereof. Waiver of any default shall not constitute waiver of any subsequent default hereunder. The liability for the breach of each gender and nature as the circumstances require and all references hereto shall include all persons primarily or secondarily liable hereunder. This Contract shall be binding upon the heirs, personal representatives, successors and assigns and shall inure to the benefit of our assignees and successors. This Contract may not be assigned except as provided herein. This Agreement, together with the documents and agreement between you and us and may not be altered or amended unless made in writing and duly executed by you and us. 12. SELLER'S RIGHTS IN ABSENCE OF CREDIT APPROVAL: (a) You agree to furnish us any documentation necessary to verify information contained herein and to your account(s). (b) You agree to provide us with three (3) days for us to verify your credit and assign this Contract. In consideration of our agreeing to deliver the Vehicle, you agree that if we are unable to assign this Contract, we may cancel this Contract without notice, and demand immediate return of the Vehicle to us in its same condition as when sold, reasonable wear and tear excepted. (c) We may, at our option, assign this Contract to any third party. (d) Upon full or partial repayment, we reserve the right to retain the Vehicle until payment of all amounts owed. (e) We reserve the right to repossess the Vehicle, without notice, when you do not pay as agreed. (f) We reserve the right to repossess the Vehicle while it is in our possession, for either a purchase price or for repossession charges, hearing fees and costs related to any damage sustained by the Vehicle while in your possession or control and such as the Vehicle is returned to us. SELLER'S ASSIGNMENT AND WARRANTY For value received, Seller hereby sells, assigns and transfers to Assignee, all rights, title and interest in and to this Contract, the Vehicle and equipment described on the window form and attaching assignment sheets, pursuant to the representations warranties and other provisions of the existing contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, 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provisions of the existing Contract, assignment sheets and the representations, warranties and other provisions of the existing Contract, assignment sheets and the representations, warranties and Westlake Financial SELLER'S ASSIGNMENT OF CONTRACT For value received, the undersigned ("Assignor") does hereby sell, assign and transfer to Westlake Services, Inc. dba Westlake Financial ("Westlake") its right, title and interest in the attached and below-referenced contract for purchase of a motor vehicle ("Contract") between Assignor and the below-referenced buyer ("Buyer"), the property described therein ("Unit"), and the monies to become due hereunder, such assignment made with limited recourse as defined in the Master Dealer Agreement and any other agreements then in effect between Westlake and Assignor. Assignor represents and warrants that it is bound by the terms of the Master Dealer Agreement between it and Westlake. Should any of the representations or warranties in the Master Dealer Agreement between Assignor and Westlake be false or breached, Assignor agrees to pay Westlake upon written demand the full recourse amount then due according to the terms of the Master Dealer Agreement, whether or not possession of the property covered hereby has been taken by Westlake or suit has been instituted against the purchaser or the Assignor, or both. Assignor agrees that the taking of possession of the Unit shall not be deemed an election of remedies, and Assignor agrees to pay any deficiency thereafter remaining. If Westlake is required to bring action against Assignor as a result of the breach of any representation or warranty contained in this assignment or in the Master Dealer Agreement, Assignor agrees to pay reasonable attorney fees and court costs incurred in such action. Assignor consents to extensions of payment or alterations of said agreement or impairments of remedies which may be granted by the holder hereof, and waives any and all notice of non-payment, demand or protest, which otherwise might be required under this assignment or in connection therewith. Seller hereby waives all statutes of limitations and the defense thereof. Assignor agrees to indemnify Westlake harmless from all claims, actions, suits, proceedings, cost, expenses, loss, damage, and liabilities, including attorney fees, arising out of, connected with, relating to or resulting from any contention, whether well-founded, baseless or otherwise, that any of the above representations and warranties and/or the representations and warranties contained in the Master Dealer Agreement are false or that any has been breached. CONTRACT DATE: 7/21/2021 VEH YEAR: 2009 BUYER NAME: LAUREN H WREN VEH MAKE: Acura CO-BUYER NAME: ___________________ VEH MODEL: TSX VIN: JH4CU26699C004549 SELLER (DEALER) NAME (print): Car World LLC SELLER'S SIGNATURE: ____________________________ (Authorized signer) NAME/TITLE: TOM KEYSER, FINANCE DIRECTOR DATE: 7/21/2021