IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
ALLY BANK,
Plaintiff,
vs.
STEPHANIE MCCOMB
and
LOUIS E MCCOMB,
Defendants.
PETITION FOR INDEBTEDNESS
COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against Defendants allege and state as follows:
1. Defendants executed a contract with Plaintiff relating to the purchase of collateral with the account number XXXXXXXX2267. The contract granted to Plaintiff a security interest in the collateral. Defendants defaulted on the obligations required under the contract. After all due credits were applied to the indebtedness owed by Defendants, there remained a balance due.
2. Defendants remain indebted to Plaintiff in the amount of $11,990.99, inclusive of credits, adjustments, interest, and fees, if applicable.
WHEREFORE, Plaintiff prays for Judgment against the Defendants in the sum of $11,990.99, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other and further relief as this Court may deem equitable, just and proper.
William L. Nixon, Jr., #012804
Harley L. Homjak, #019736
Peggy S. Horinek, #010344
Jenifer A. Gani, #021876
Alexander M. Hall, #33900
Mariah S. Ellicott, #36309
Mingmei "Elaine" Pok, #36236
LOVE, BEAL & NIXON, P.C.
Attorney for Plaintiff
P.O. Box 32738
Oklahoma City, OK 73123
Telephone: 405-720-0565
E-Mail:
[email protected]
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Buyer Name and Address
STACEE ACCOMB
1234 YOUNG ST
TULSA, OK 74106-3614
Co-Buyer Name and Address (if any)
LOUISE E ACCOMB
123 E YOUNG ST
TULSA, OK 74186-3614
Seller-Creditor (Name and Address)
CHRIS NIKELAUS ANDER
JEEP DODGE RAM FIAT
2526 NW BREEZE AVE
BROKEN ARROW OK 74012
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 set forth in the front and back of 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>2019</td>
<td>TOYOTA TACOMA</td>
<td>52K3</td>
<td>5TFAX5BNK1X48338</td>
<td>
Personal, family, or household unless otherwise indicated below<br>
□ business<br>
□ agricultural
</td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total amount owed on your behalf</th>
<th>Total Sales Price</th>
<th>Total Cost of your purchase</th>
</tr>
<tr>
<td>7.26%</td>
<td>$7,163.75</td>
<td>$28,625.00</td>
<td>$35,988.75</td>
<td>$38,625.00</td>
<td>$37,488.75</td>
</tr>
</table>
Your Payment Schedule Will Be:
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>75</td>
<td>479.85</td>
<td>Monthly beginning 12/15/2019</td>
</tr>
<tr>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
</tr>
</table>
Or As Follows:
Late Charge: If payment is not received in full within 10 days after it is due, you will pay a late charge of $ 20.00 OR 1% 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.
Statement of Right. See this contract for more information regarding interest, annual percentage rate, default, any required repayment in full before the scheduled date and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price Including ↓N/A↓ sales/vacation tax↓N/A↓ ↓ $27,325.00 (1)
2 Total Downpayment ↓N/A↓ ↓FORD F-150↓ ↓ $1,380.00 (2)
Truck-in ↓N/A↓ ↓N/A↓ ↓N/A↓
Gross Trade-In Allowance ↓N/A↓ ↓ $1,380.00 ↓
Less Pay Off Debt By Seller ↓N/A↓ ↓N/A↓ ↓N/A↓
Equals Net Trade In ↓N/A↓ ↓ $1,380.00 ↓
+ Cash ↓N/A↓ ↓N/A↓ ↓N/A↓
+ Other ↓N/A↓ ↓N/A↓ ↓N/A↓
Other ↓N/A↓ ↓N/A↓ ↓N/A↓
(If total downpayment is negative, enter '0' and see #4 below) ↓ $1,380.00 (2)
Unpaid Balance of Cash Price (1 minus 2) ↓ $25,945.00 (3)
4 Other Charges including Amounts Paid to Others on Your Behalf ↓ N/A ↓
(Seller may keep part of these amounts.)
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies ↓N/A↓ ↓N/A↓ ↓N/A↓
B Disability ↓N/A↓ ↓N/A↓ ↓N/A↓
C Vehicle's State Interest/Insurance Paid to Insurance Company ↓N/A↓ ↓N/A↓ ↓N/A↓
D Other Optional Insurance Paid to Insurance Company or Company ↓N/A↓ ↓N/A↓ ↓N/A↓
E Officer Paid to Government Agencies ↓N/A↓ ↓N/A↓ ↓N/A↓
F Government Taxes Not Included in Cash Price ↓N/A↓ ↓N/A↓ ↓N/A↓
G Government Licenses and Registration Fees ↓ License & Title ↓ ↓ $0.00 ↓
H Government Certificate of Title ↓N/A↓ ↓N/A↓ ↓N/A↓
I Other Charges Buyer Must Identify who is paid and amount purposes ↓N/A↓ ↓N/A↓ ↓N/A↓
JCHRYSLER SERVICE for FCA WARRANTY ↓N/A↓ ↓N/A↓ ↓N/A↓
Kob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Lob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Mob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Obob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Pob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Qob/A ↓N/A↓ ↓N/A↓ ↓N/A↓
Rother ↓N/A↓ ↓N/A↓ ↓N/A↓
Total Other Charges and Amounts Paid to Others on Your Behalf ↓ $0.00 ↓ ↓ $0.00 ↓
Amount Financed (3 + 4) ↓ $25,945.00 (6) ↓ ↓ $25,945.00 (6)
[ ] VEHICLE'S SINGLE INTEREST INSURANCE (VI) Important: If the preceding box is checked, the Creditor requires VI insurance for the Abdel term of the contract to protect the Creditor for loss or damage to the vehicle subject to, but not limited to, VI insurance to be the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VI insurance is established. You must elect to purchase VI insurance through the Creditor; the cost of such insurance will be $10.00, and is also shown in Item #6 of the Itemization of Amount Financed. The coverage is for the entire term of the contract. Any insurer issuing VI insurance reserves its rights to renegociate against the Buyer.
[ ] optional: You pay no finance charge if the Amount Financed, Item 5, is paid in full on or before Year__________ SELLER'S INITIALS
OPTIONAL GAP CONTRACT. A gap contract (that cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the same charges. If you choose to buy a gap contract, the charge is shown in Item #10 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.
Time: 73 Mo(s). INDOOR GAP HANDS OFF Gap Contract
I want to buy a gap contract.
Buyer Signature ___________________________ Date _______/_____/_____
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.
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.
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.
If any part of this contract is not valid, all other parts stay valid. We may disclaim or amend any term or condition of this contract without affecting any of our other rights under this contract without losing those rights.
See back for other important agreements.
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, sign it, and know it. You certify that you received a completed copy when you signed it.
Buyer Signature ___________________________ Date ____/#____/_____
Co-Buyer Signature ___________________________ Date ____/#____/_____
For the reasons set out in "Privacy Use for Which Purposes," Seller and Buyer Certification Signed
Co-Buyers and Other Owners — A co-buyer is a person who is reported for paying the amount owed. An owner may be 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 granted in this contract.
Other owner signs here X
Seller agreement(s): ALLY-FINANCIAL
Other agreement(s): ALLY-FINANCIAL
Assignee/under the terms of Seller's agreement(s)/with Assignee(s)
Assigned with secured account
Assigned with limited recourse
ORIGINAL LIENHOLDER
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed.
b. We will apply payments. We must apply each payment first to the Finance Charge, then 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. We may change your early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front of the assumptions to be made for you. 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. Charges may be in the form of a larger or smaller final payment, or by offering you the option of paying a smaller amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these options if they are available before you agree to owe.
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 is balloon payment. A balloon payment is a payment that is larger than most, but not 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 into your new account. 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 our 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. Unless we agree, you agree not to remove the vehicle from the U.S. or Canada, assign to a tenant, lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, sabotage, theft, vandalism, accident, theft, war, or 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:
• All parts or parts or goods put on it;
• All money or goods received (proceeds) for the vehicle;
• All insurance proceeds, 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 or proceeds after charges for what we pay. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will not be able to obtain full ownership interest (title) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission.
d. Insurance. We may have on the vehicle.
You agree to buy physical damage insurance covering loss 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 as an additional insured on such insurance covered as loss pays. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to purchase 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 how much it will cost. We will tell you what the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on the front of this contract, if the vehicle is lost or damaged, you agree that we may use the proceeds of the insurance policy to settle or repair the vehicle.
e. What happens to "returned" insurance, maintenance, service, and 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.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. You will pay a late charge on each payment you do not pay on its due date. Nonpayment 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 take action that is described below.
b. You must 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. This result means:
• You will lose this vehicle payment on the contract;
• You give false, incomplete, or misleading information during credit application;
• You were a party filing for bankruptcy or one is started against you or your property; or
• You break any agreement in this contract.
The amount you will owe will be the unpaid part of the Amount Financed, plus the unpaid part of the Finance Charge, any late charges, and any amounts owed because you defaulted.
4. WARRANTY SELLER DISCLAIMERS
Unless there is 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 fitness for a particular purpose. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide.
5. Used Car Buyers Guide. 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 contained in any related documents.
Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventana del vehículo forma parte de este contrato. Información en el formulario de la ventana supera cualquier otra disposición contradictoria contenida en un contrato asociado.
6. SERVICING AND COLLECTION CONTACTS
You agree that we may try to contact you in writing, by e-mail, or using electronic mail delivery systems, telephone message, 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 address or telephone number is a cell phone number or the contact results in a charge to you.
7. APPLICABLE LAW
Federal law and the law of the state of Oklahoma apply to this contract.
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 HEREOF.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not recover against any subsequent holder or assignee of this contract any claim or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
