CJ-2026-00033 - Mark Allen v. Tommy Caldwell

What's This Case About?

Let’s cut right to the chase: a couple in rural Oklahoma is suing their neighbors for $1 million — not for trespassing, not for stealing chickens, not for blasting country music at 3 a.m. — but because, they claim, the neighbors literally never paid a single dollar on a million-dollar farm loan they personally guaranteed. No payments. No calls. No “Hey, can we work something out?” Just radio silence, like a financial ghosting of epic proportions. We’re not talking about a forgotten Netflix subscription — we’re talking about $328.77 in interest accruing every single day since 2019. That’s more than most people make in a week, just vanishing into the void, like Monopoly money with real-world consequences.

Now, let’s meet the players in this high-stakes game of “Who Owes What?” On one side, we’ve got Mark and Nikki Allen — the plaintiffs, the lenders, the ones holding the paper. They live in LeFlore County, Oklahoma, which, for the uninitiated, is the kind of place where everybody knows your business, your dog’s name, and probably what you had for breakfast. They’re not banks. They’re not venture capitalists. They’re just… people. But people with a very large sum of money to lend, apparently. Represented by the dynamic duo from Barber & Bartz (yes, that’s a real law firm, and yes, they’re ready for drama), the Allens claim they loaned $1 million to a company called 33 Farms, LLC, back in February 2019. The purpose? Unclear. The filing doesn’t say what the farm actually farmed — was it hemp? Cattle? Competitive pumpkins? We may never know. But what we do know is that it was a one-million-dollar bet on a 12-month loan with 12% interest, compounded daily. That’s not a friendly handshake loan — that’s a “I believe in your business model… and also, I want a cut of your soul” kind of deal.

The defendants? Tommy Caldwell, also of LeFlore County, and Dr. Gregory T. Jones, who splits his time between Oklahoma and Fort Smith, Arkansas — and yes, the “Dr.” is in the document, so we’re contractually obligated to call him that. These two, along with a third guy named Don Sebo (who seems to be the manager of 33 Farms, LLC), signed personal guaranties — which, in plain English, means: “If the company can’t pay, we will. No excuses. No loopholes. Our houses, our cars, our retirement funds — they’re on the line.” And not just any guaranty — an unconditional, joint and several guaranty, which is lawyer-speak for “you’re both 100% responsible, and we can come after either or both of you, in any order, for the full amount.” No need to sue the company first. No need to wait for bankruptcy. The Allens can go straight for the jugular. And that’s exactly what they’re doing.

So what happened? Well, according to the Allens, nothing. The loan was made on February 19, 2019. It was supposed to mature a year later — February 19, 2020. Interest started ticking like a financial time bomb: 12% per year, compounding daily, racking up $328.77 every 24 hours. The note even had a clause that allowed it to auto-renew if the farm hadn’t sold enough product — which, given the total lack of payment, we can assume was the case. But here’s the kicker: the Allens say they’ve received zero payments. Not a dime. Not a partial check. Not even a polite “Sorry, rough harvest this year.” Nothing. And the guarantors — Caldwell and Dr. Jones — didn’t step in, didn’t offer to pay, didn’t file for bankruptcy, didn’t do… well, anything. It’s like they signed a million-dollar IOU and then forgot they existed. Meanwhile, the interest has been piling up for over five years. Do the math: that’s over $600,000 in accrued interest alone. The total demand? A cool $1 million in principal, plus all that compounding interest, plus attorney fees, plus collection costs. The filing asks for judgment “jointly and severally” — meaning the Allens want the court to say: “Yes, these two guys are fully on the hook, and we can take whatever we need from either of them to make this right.”

Now, why are they in court? Because this isn’t just about money — it’s about enforcement. The Allens aren’t asking the court to figure out who’s right or wrong in some he-said-she-said. They’re saying: “We have a contract. They signed it. They didn’t pay. Now we want the court to force them to pay — or take their stuff.” The legal claim is breach of contract — specifically, breach of the personal guaranty. And because the guaranty says the Allens can go after the guarantors directly, without chasing the company first, they’re skipping the middleman. No corporate shell games. No “the LLC has no assets.” They’re going straight for Caldwell and Dr. Jones, personally. And with a jury trial demanded, this could get very public, very fast.

And what do the Allens want? A judgment for $1 million — which, let’s be real, is a lot of money for a private loan between neighbors. For context, the median household income in LeFlore County is around $45,000. A million bucks is over 22 years of that. It’s not just a big number — it’s a life-altering, generational wealth-level sum. And while the filing doesn’t specify if the Allens are wealthy or if this was a life savings kind of loan, the fact that they’re willing to sue neighbors for this amount suggests this wasn’t just a casual favor. This was a serious financial bet — and now, it’s a serious financial wound.

So what’s our take? The most absurd part isn’t even the million dollars. It’s the silence. Imagine borrowing that kind of money — from people you know, in your own community — and then just… never saying a word when you can’t pay. No negotiation. No attempt to refinance. No “Hey, can we work out a payment plan?” Nothing. It’s like showing up to a potluck with an empty dish and then pretending you didn’t promise to bring the casserole. Except this casserole costs a million bucks and has been accruing interest like a sci-fi debt monster. And the guaranty? Ruthless. Cold. Airtight. The kind of document that turns friendship into fodder for litigation. Are we rooting for the Allens? Maybe. They’re the ones with the paperwork, the promissory note, the legal team, and the clearly documented grievance. But part of us wonders: what really happened? Was the farm a bust? Did someone get sick? Did the money disappear into a black hole of bad agribusiness decisions? Or did someone just think, “Eh, they’ll never sue” — and now they’re about to find out they were very, very wrong?

One thing’s for sure: in the quiet fields of LeFlore County, the harvest this year isn’t crops. It’s consequences.

Case Overview

Jury Trial Petition

Jurisdiction

District Court in and for LeFlore County, Oklahoma

Filing Attorney

Joe M. Fears; Adrienne N. Cash

Barber & Bartz

Relief Sought

$1,000,000 Monetary

Plaintiffs

Mark Allen individual
Rep: Joe M. Fears, OBA #2850; Adrienne N. Cash, OBA #20038
Nikki Allen individual
Rep: Joe M. Fears, OBA #2850; Adrienne N. Cash, OBA #20038

Defendants

Tommy Caldwell individual
Gregory T. Jones individual

Claims

#	Cause of Action	Description
1

Petition Text

2,585 words

IN THE DISTRICT COURT IN AND FOR LEFLORE COUNTY STATE OF OKLAHOMA MARK ALLEN and NIKKI ALLEN, individuals Plaintiff, vs. TOMMY CALDWELL, an individual, and GREGORY T. JONES, an individual Defendants. Case No. CJ-26-33 PETITION COME NOW the Plaintiffs, Mark Allen and Nikki Allen ("Allen") and for their cause of action against Defendants Tommy Caldwell ("Caldwell") and Gregory T. Jones ("Jones"), allege and state as follows. 1. Plaintiffs are individuals residing in LeFlore County, Oklahoma. 2. Caldwell is an individual residing in LeFlore County, Oklahoma. 3. Jones is an individual residing in Fort Smith, Arkansas. 4. This action arises from a promissory note and personal guaranties executed between the parties in LeFlore County, Oklahoma. 5. This Court has jurisdiction of the parties and subject-matter of this action. 6. Venue is proper in LeFlore County. 7. On February 19, 2019, 33 Farms, LLC, an Oklahoma Limited Liability Company made and executed a Promissory Note in favor of Plaintiffs (the "Promissory Note"). 8. The principal amount of the Promissory Note was One Million Dollars ($1,000,000.00). 9. The Promissory Note was subject to interest at the rate of twelve percent (12%) per annum, compounded daily. 10. The Promissory Note was for a twelve-month term, with a maturity date of February 19, 2020. 11. Concurrently with the Promissory Note, Defendants executed a written unconditional guaranty of 33 Farms, LLC’s performance thereof (the “Personal Guaranty”) 12. The Personal Guaranty stated as follows: The undersigned [Defendants], for good and valuable consideration, the receipt and sufficiency of which are acknowledged, including with respect to the loan contemplated by this Note to 33 Farms, LLC, do hereby unconditionally guarantee, jointly and severally, to Lender [Plaintiffs] full and prompt performance and payment of all obligations of the Company to Lender and agree that Lender may proceed directly against any or all of the undersigned, jointly and severally, to enforce the same without necessity of taking any action whatsoever against the Company or any of the Company’s assets. The undersigned hereby waive: (i) any and all notice of the acceptance of this guaranty; (ii) notice of the creation of any indebtedness; (iii) any presentment; (iv) demand for payment; or (v) notice of default. The undersigned may, only by written notice given to and received by Lender withdraw only from liability for additional indebtedness of the Company incurred after the time of receipt of such notice. The liability of each undersigned guarantor is joint and several and shall not be otherwise affected by and shall continue until all obligations and indebtedness of the Company existing at the time of the receipt of such notice are fully paid and performed. [brackets added]. The Promissory Note and Personal Guaranty are attached as Exhibit A and incorporated herein. 13. No payments were made on the Promissory Note and the note is in default. 14. No payments have been made by Defendants, or either of them, pursuant to the Personal Guaranty 15. As of the date of this Petition, Defendants have not made any payments towards the principal balance of $1,000,000.00 and interest has been accruing and unpaid at the rate of Twelve Percent (12%) from February 19, 2019, to the present. 16. Defendants have breached the terms of the Personal Guaranty as described above. As a direct result of said breach, Plaintiffs have been damaged in the amount of $1,000,000.00, with interest accruing at the total rate of $328.77 per day from and after February 19, 2019, until paid, along with the costs of collection, including a reasonable attorney fee. WHEREFORE, the Plaintiffs, Mark and Nikki Allen, pray for judgment against Defendants, Tommy Caldwell and Gregory T. Jones, jointly and severally, in the principal amount of $1,000,000.00, with interest accruing at the total rate of $328.77 per day from and after February 19, 2019 until paid, reasonable attorney fees and costs, and for such other and further relief as to which the Plaintiffs may be entitled. BARBER & BARTZ Joe M. Fears, OBA #2850 Adrienne N. Cash, OBA # 20038 525 S. Main Street, Suite 800 Tulsa, Oklahoma 74103-4511 Telephone: (918) 599-7755 Facsimile: (918) 599-7756 Email: [email protected] [email protected] ATTORNEYS FOR PLAINTIFFS ATTORNEY LIEN CLAIMED JURY DEMANDED ANY SECURITIES ISSUED PURSUANT TO THIS DOCUMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AND HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO, OR IN CONNECTION WITH, THE SALE OR DISTRIBUTION THEREOF. NO SUCH SALE OR DISTRIBUTION MAY BE EFFECTED WITHOUT AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL IN A FORM SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933. PROMISSORY NOTE $1,000,000 Date: Feb 19 - 2019 For value received, 33 FARMS, LLC, an Oklahoma limited liability company (the "Company" or "Borrower"), promises to pay to Mark & Nikki Allee (the "Lender") the sum of One Million Dollars $1,000,000.00 (the "Principal Amount"). Interest shall accrue from the date hereof on the unpaid Principal Amount at a rate equal to twelve percent (12.0%) per annum, compounded annually. This Note is subject to the following terms and conditions. 1. Maturity. This Note will automatically mature and be due and payable twelve (12) months following the date of hereof on Feb 19 - 2020. (the "Maturity Date"); provided however that in the event Borrower has not sold enough product to enable it to repay the balance due hereunder on the Maturity Date, following written notice provided to Lender, the Note will automatically renew for an additional twelve (12) month term at the rate of interest stated above. 2. Payments; Prepayment. Accrued interest will be due and payable on the Maturity Date, regardless of any extension of the Note pursuant to Paragraph 1 above. All payments shall be made in lawful money of the United States of America at such place as the Lender hereof may from time to time designate in writing to the Company. Payment shall be credited first to the accrued interest then due and payable and the remainder applied to principal. The Company may prepay all, or any portion, of this Note, as determined in good faith by the Managers of the Company. 3. Events of Default. Except as otherwise specifically provided, in the event a Default occurs and is continuing, Borrower and all sureties, endorsers, guarantors, and other parties assuming or otherwise becoming liable for the payment of any or all of this Note severally (i) waive grace, presentment and demand for payment, protest and notice of protest, notice of intent to accelerate maturity, notice of acceleration of maturity, notice of nonpayment, and all other notices of any nature, filing of suit, and diligence in collecting this Note or enforcing any of the security for it; (ii) consent to any extension or postponement of time of payment of this Note and to any other indulgence without notice to any of them; and (iii) agree that Lender will not be required first to file suit or exhaust its remedies herein against Borrower, any guarantor, or others liable or to become liable on this Note to enforce payment of this Note. No extension or postponement of time for paying this Note or any installment affects the liability of Borrower under this Note even though Borrower is not a party to such agreement. Any of the following is a "Default" under this Note: (a) Borrower fails to pay any installment of principal or interest under this Note within ten (10) days of when due; (b) Borrower fails to perform or observe any other material provision of this Note or of any instrument or document now or later given to secure this Note or relating to this Note; or (c) Borrower has entered against it any order by a court having jurisdiction that finds it to be bankrupt or insolvent, or that assumes custody of, or appoints a receiver or other custodian for, all or a substantial part of its property. 4. Remedies. If a Default as described in clauses (a) or (b) occurs, then, at the option of Lender, the unpaid principal amount and all accrued interest may become due and payable at the sole discretion of Lender, without presentation, presentment, protest, or further demand or notice of any kind, all of which are expressly waived. If a Default as described in clause (c) occurs, then automatically the unpaid principal amount and all accrued interest will become due and payable. Lender will also be entitled to exercise any and all other rights, remedies, and recourses now or later existing in equity or at law. Lender may proceed to enforce payment of all or part of such amount in a commercially reasonable manner. All remedies under this Note are cumulative. Borrower agrees to pay all costs of collection when incurred, including reasonable attorneys' fees, whether or not any action is instituted to enforce this Note. 5. Equity Incentive. As additional interest to Lender under this Note, Company agrees to establish a capital account on behalf of Lender in its books and records and to assign to Lender an interest in the Company equal to five percent (5%) of the Company's issued and outstanding membership interests calculated as of the date of this Note. Lender hereby agrees to execute the Company's Amended and Restated Operating Agreement ("LLC Agreement") and to be bound by its terms. Exhibit A to the LLC Agreement shall be amended to reflect Lender's ownership interest. 6. Transfer; Successors and Assigns. The terms and conditions of this Note shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. Notwithstanding the foregoing, the Lender may not assign, pledge, or otherwise transfer this Note without the prior written consent of the Company, except for transfers to affiliates that agree in writing to be bound by the LLC Agreement. Subject to the preceding sentence, this Note may be transferred only upon surrender of the original Note for registration of transfer, duly endorsed, or accompanied by a duly executed written instrument of transfer in form satisfactory to the Company. Thereupon, a new note for the same Principal Amount and interest will be issued to, and registered in the name of, the transferee. Interest and principal are payable only to the registered Lender of this Note. 7. Applicable Law, Jurisdiction And Jury Trail Waiver Provisions: This Note and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Oklahoma, without giving effect to principles of conflicts of law. Borrower and Lender at all times intend to comply with the applicable law now or later governing the terms of this Note and the interest payable on this Note. If the applicable law is ever revised, repealed, or judicially interpreted so as to render any provision of this Note invalid, or so as to render usurious any amount called for under this Note or contracted for, charged, taken, reserved, or received with respect to the loan evidenced by this Note, or if Lender's exercise of its option to accelerate the maturity of this Note, or if any prepayment by Borrower results in Borrower's having paid any interest in excess of that permitted by law, then it is Borrower's and Lender's express intent that all excess amounts previously collected by Lender be credited on the outstanding principal amount of this Note (or, if the Note has been paid in full, refunded to Borrower). This Note immediately will then be deemed reformed and the amounts later collectible hereunder and thereunder reduced, without the need to execute any new document, so as to comply with the then-applicable law, but so as to permit the recovery of the greatest amount otherwise called for hereunder and thereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the indebtedness evidenced by this Note will, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full term of this Note until paid in full so that the rate or amount of interest on account of such indebtedness does not exceed the applicable usury ceiling for so long as any amount is outstanding. Borrower hereby consents to the jurisdiction of any state or federal court located within the State of Oklahoma. THE PARTIES HERETO HEREBY WAIVE THE RIGHT TO TRAIL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OBLIGATIONS HEREUNDER. THIS NOTE MUST BE GOVERNED BY AND CONSTRUED ACCORDING TO OKLAHOMA LAW EXCEPT AS APPLICABLE FEDERAL LAW PERMITS LENDER TO CONTRACT FOR, CHARGE, OR RECEIVE A GREATER AMOUNT OF INTEREST. 8. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service or confirmed facsimile, or 48 hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, if such notice is addressed to the party to be notified at such party's address or facsimile number as set forth in the Purchase Agreement. Notice to Borrower: 33 Farms, LLC C/O Don Sebo 19662 US Highway 27.1 Spiro, OK 74959 Notice to Lender: 9. Amendments and Waivers. Any term of this Note may be amended only with the written consent of the Company and the Lender. Any amendment or waiver effected in accordance with this Section 8 shall be binding upon the Company, the Lender and each transferee of the Note. No delay or omission to exercise any right or remedy accruing to Lender hereunder shall impair any such right or remedy nor shall it be construed to be a waiver of any breach or default of Borrower. Any waiver or consent by Lender under this Note must be in writing specifically set forth. This Note completely states the rights of Lender and Borrower with respect to this Note and supersedes all prior agreements with respect thereto. 10. Severability; Survival Of Covenants: If any provision of this Note shall be invalid under any applicable law, such provision shall be deemed omitted but the remaining provisions hereof shall be given effect. All obligations of Borrower under this Note shall survive the expiration or termination of this Note to the extent required for their full observance and performance. 11. Members, Officers, Managers and Affiliates Not Liable. In no event shall any member, officer, manager or affiliate of the Company be liable for any amounts due or payable pursuant to this Note. Borrower has duly executed this Note effective as of the date first above written. BORROWER: 33 FARMS, LLC By: __________________________ Don Sebo, Manager Personal Guaranties: The undersigned, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, including with respect to the loan contemplated by this Note to 33 Farms, LLC, do hereby unconditionally guarantee, jointly and severally, to Lender full and prompt performance and payment of all obligations of the Company to Lender and agree that Lender may proceed directly against any or all of the undersigned, jointly and severally, to enforce same without necessity of taking any action whatsoever against the Company or any of the Company's assets. The undersigned hereby waive: (i) any and all notice of the acceptance of this guaranty; (ii) notice of the creation of any indebtedness; (iii) any presentment; (iv) demand for payment; or (v) notice of default. The undersigned may, only by written notice given to and received by Lender withdraw only from liability for additional indebtedness of the Company incurred after the time of receipt of such notice. The liability of each undersigned guarantor is joint and several and shall not be otherwise affected by and shall continue until all obligations and indebtedness of the Company existing at the time of the receipt of such notice are fully paid and performed. Executed this ___ day of February, 2019. Dr. Greg Jones Tommy Caldwell Don Sebo