CJ-2026-983 - TTCU Federal Credit Union v. Gary Klinger

What's This Case About?

Let’s get one thing straight: this is not a murder mystery. There are no masked intruders, no secret affairs, no dramatic courtroom confessions. But what we do have? A full-blown legal war over $12,439.09 — and a 2009 Keystone RV that may or may not have been the love of someone’s life. Because apparently, in Tulsa County, Oklahoma, when a man defaults on his credit union loan, the drama is real, the interest is 8.49%, and the attorneys show up in formation.

Meet Gary Klinger — a regular guy, citizen of Oklahoma, presumably fond of the open road or at least the idea of a second home on wheels. And then there’s TTCU Federal Credit Union, a financial institution with a name that sounds like a robot from a sci-fi reboot of The Office, but in reality, just wants its money back. These two were once in a beautiful, if transactional, relationship: Gary needed cash, TTCU had cash, and they sealed the deal with a notecard contract (yes, that’s actually what it says) on August 30, 2021. The object of their financial affection? A 2009 Keystone IM-3665 RV — a travel trailer with enough space for a family vacation, a midlife crisis, or possibly just storing lawn equipment. The VIN, in case you were wondering, is 4YDF3662894702180. Commit that to memory. It might come up on the final exam.

So what happened? Well, Gary borrowed $23,708.75 to buy this rolling dream, promising to pay it back in 120 monthly installments of $294. That’s ten years of “I’ll just park it behind the house and fix it up someday” energy. The interest rate? A modestly spicy 8.49% per year. Over the life of the loan, Gary would’ve paid back a grand total of $35,279.33 — meaning the credit union was set to earn $11,670.68 in pure finance charge. Not bad for a secured loan on a 12-year-old RV. But somewhere along the way — maybe after a flat tire, a burst water line, or just the crushing weight of reality — Gary stopped making payments. He defaulted. And when you default on a loan, especially one secured by property, the lender doesn’t just send sad emails. They send attorneys. And attorneys, as we know, love paperwork.

TTCU did what any self-respecting credit union would do: they repossessed the RV, sold it in what they describe as a “commercially reasonable manner” (which sounds like legalese for “we didn’t just flip it on Facebook Marketplace for $500”), and then came after Gary for the remaining balance. Because here’s the thing about repos — just because they take your stuff doesn’t mean you’re off the hook. If the RV sold for less than what you owe (and let’s be real, a 2009 travel trailer isn’t exactly a collector’s item), you’re still on the hook for the difference. And in this case, that difference is $12,439.09. Plus interest. Plus costs. Plus, potentially, attorney’s fees — capped at 15% of the unpaid debt, which would be another $1,865 or so. So we’re creeping toward $15K for a trailer that probably wouldn’t fetch $8K in a private sale.

Now, why are they in court? Because Gary didn’t pay. Simple as that. The legal claim is breach of contract — which, in human terms, means: “You signed a piece of paper saying you’d pay us back, and you didn’t.” That’s it. No fraud, no theft, no conspiracy. Just a broken promise, codified in a notecard (which, again, is a real thing in Oklahoma law — it’s basically a simplified promissory note). TTCU isn’t asking for punitive damages, isn’t demanding Gary be publicly shamed (though we’re doing that for free), and isn’t asking the court to ban him from RV parks. They just want their money. And, in a move that feels slightly dystopian, they’re also asking the court to order the Oklahoma Employment Security Commission — basically the state’s unemployment office — to hand over Gary’s employment records for the past four quarters. Why? So they can figure out where he works and possibly garnish his wages. It’s not personal. It’s just collections.

And what do they want? $12,439.09. Is that a lot? Well, for a used RV loan? Honestly, no. For the average American with student debt, car payments, and a Netflix subscription they don’t use? Yeah, that’s a chunk. It’s two months of rent in some parts of Tulsa. It’s a new HVAC system. It’s a lot of therapy sessions. But in the grand scheme of civil lawsuits, this is small potatoes. No one’s losing a house. No one’s facing jail time. This is the financial equivalent of a parking ticket escalation — you ignored the first notice, then the second, then the third, and now the city is sending a repo truck for your junker Honda.

Here’s the wildest part: TTCU included a whole section in their petition quoting the Fair Debt Collection Practices Act — a federal law meant to protect consumers from abusive collection tactics. They literally wrote: “This is an attempt to collect a debt… and any information obtained will be used for that purpose.” It’s like serving a subpoena with a smiley face. They’re warning Gary of his rights while suing him. It’s both respectful and ruthless. And they even promise to stop collection efforts if Gary disputes the debt within 35 days — but only after mailing him verification. It’s all very by-the-book. So by-the-book, it’s almost impressive.

So what’s our take? Look, we’re not rooting for the credit union. We’re not rooting for Gary, either — unless he’s using that RV to run an underground cat sanctuary or something noble. But what we are rooting for is the sheer absurdity of a full-blown court case over a debt that started with a notecard. A notecard! This isn’t a complex derivatives trade. It’s not a corporate merger gone wrong. It’s a guy, a trailer, and a promise that fell apart somewhere between the Ozarks and the fine print. And now, years later, attorneys from Robinett, Swartz & Duren — a firm with a name that sounds like a 19th-century law partnership from a Dickens novel — are filing motions over an RV that probably has a mold problem.

Is this justice? Or is this just how late-stage capitalism handles disappointment? When a financial institution treats a $12K debt like a felony, and demands the state hand over a man’s employment history like he’s a fugitive… well, maybe the real crime isn’t the default. Maybe the real crime is that we’ve turned personal finance into a courtroom drama with RVs as the murder weapon.

We’re entertainers, not lawyers. But if this case goes to trial, we’re bringing popcorn. And a tow hitch.

Case Overview

Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Charles R. Swartz, and Christopher R. Kemp

ROBINETT, SWARTZ & DUREN

Relief Sought

$12,439 Monetary

Plaintiffs

TTCU Federal Credit Union business
Rep: Charles R. Swartz, OBA No. 22313, and Christopher R. Kemp, OBA No. 31115

Defendants

Gary Klinger individual

Claims

#	Cause of Action	Description
1	breach of contract	alleging default on a loan

Petition Text

1,439 words

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA TTCU FEDERAL CREDIT UNION, ) ) ) ) Plaintiff, v. ) ) ) GARY KLINGER, ) Defendant. PETITION Plaintiff, TTCU Federal Credit Union ("TTCU"), by its attorneys, Charles R. Swartz and Christopher R. Kemp, of ROBINETT, SWARTZ & DUREN, for its claims against the Defendant, Gary Klinger, allege the following: 1. Plaintiff is a credit union with its principal place of business in Tulsa, Oklahoma. 2. Defendant is a citizen of Oklahoma. 3. The agreement sued upon in this action was executed and breached in Tulsa County, Oklahoma. 4. On or about August 30th, 2021, Defendant executed a notecard contract with TTCU. See attached "Exhibit A". 5. Defendant is in default under the terms of the note by failing to make payments as agreed. 6. Plaintiff repossessed the collateral securing the agreement and sold same in a commercially reasonable manner and provided all notices required by law. 7. There is currently due to the Plaintiff on the subject note, the principal sum of $12,439.09 with interest accruing on the principal balance at the rate of 8.49% *per annum*, until paid, the costs of this action, accrued and accruing, and a reasonable attorney's fee. 8. Plaintiff requests that upon entry of judgment herein in favor of the Plaintiff, that the Court also enter an Order directing the Oklahoma Employment Security Commission ("OESC") to produce information in its possession concerning the employment of the judgment debtor(s) for the preceding four quarters, upon service of a certified copy of said Order on the OESC in accordance with 40 I.S. § 4-508(D). Plaintiff further requests that the Order direct the OESC to produce the requested information within 35 days from the date of service of the Order, pursuant to 40 O.S. § 4-508(D). 9. Pursuant to Title 15 U.S.C. § 1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty-five days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty-five day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty-five day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. The law does not require me to wait until the end of the thirty-five day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the petition is to be filed in this action within 35 days, you may obtain an extension of that time. Furthermore, no request will be made to the Court for a judgment until the expiration of thirty-five days after your receipt of this petition and summons. However, if you request proof of the debt or the name and address of the original creditor within the thirty-five day period that begins with your receipt of this petition and summons, the law requires me to cease my efforts (through litigation or otherwise) until I mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. This is an attempt to collect a debt (with the exception of a discharged debt in bankruptcy) and any information obtained will be used for that purpose. WHEREFORE, Plaintiff TTCU Federal Credit Union requests judgment against the Defendant, Gary Klinger, for the principal sum of $12,439.09, with interest accruing on the principal balance at the rate of 8.49% per annum, until paid; the costs of the action, accrued and accruing, and a reasonable attorney's fee, as well as all other and further relief to which the Plaintiff may be entitled. Plaintiff further requests that upon entry of judgment, the Court also enter an Order directing the Oklahoma Employment Security Commission to produce employment information on the judgment debtor(s), as more fully set out above. Respectfully submitted, ROBINETT, SWARTZ & DUREN By: ____________________________ Charles R. Swartz, OBA No. 22313 Christopher R. Kemp, OBA No. 31115 Mid-Continent Tower 401 S. Boston Ave., Suite 1600 Tulsa, Oklahoma 74103 Telephone: (918) 592-3699 Facsimile: (918) 592-0963 [email protected] Attorneys for Plaintiff TTCU Federal Credit Union "I includes each Borrower above, jointly and severally. "You" means the lender, its successors and assigns. I promise to pay to you, or to your order, at your address above, the principal sum of: 23708.75 plus interest from 06/30/2021 at the rate of 8.490% per year until paid in full. I will pay this amount as follows: (a) [ ] on demand (b) [ ] on demand, but if none is made, on _________. If (a), (b), (c) is marked, I will pay secured interest monthly and on the maturity date. (d) [x] in ___120___Installments of ___294.00___ each beginning ___10/01/2021___and continuing on the same date of each month (e) [ ] other. If a single payment, monthly requirements do not apply. PAYMENTS: Interest accrues on the unpaid balances of principal remaining from time to time. Each payment when made will first be applied to accrued interest, and the balance to principal. The actual amount of the final payment will depend upon my payment record. PREPAYMENT: I may prepay this note in whole or in part at any time. However, any partial prepayment will not excuse any later scheduled payments until this note is paid in full. [x] If checked, I agree to pay a minimum interest charge of $____N/A_____ if I pay this loan off before you have earned that much in interest. DEFAULT: I agree to pay reasonable attorney's fees, not in excess of 15% of the unpaid debt, you incur if you hire an attorney to collect this note in the event of my default, plus any other costs you incur to realize upon any security. However, you are not entitled to attorney's fees with respect to certain supervised loans except as awarded by a court in accordance with other statutes of this state. [ ] If checked, interest will accrue at the rate of _______% per year on the balance of this note not paid at maturity, including maturity by acceleration. [ ] If checked, I agree to pay a fee of $____N/A_____for each check, negotiable order of withdrawal of draft issued in connection with this loan that is returned because it has been dishonored. THE PURPOSE OF THIS LOAN IS PURCHASE <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> <th>I have the right to receive at this time an itemization of the Amount Financed</th> </tr> <tr> <td>8.490</td> <td>11670.68</td> <td>23708.75</td> <td>35279.33</td> <td></td> </tr> <tr> <td>110</td> <td>294.00</td> <td></td> <td></td> <td></td> </tr> <tr> <td>283.33</td> <td>294.00</td> <td></td> <td></td> <td></td> </tr> </table> Security - To secure the payment of the note total (defined on page 2): (1) [x] I acknowledge and agree that you have the right to set-off this note against any obligation you have (now or hereafter) to pay money to me. (2) You may collect the proceeds (or rebates of unearned premiums) on any insurance policy insuring me (where you are named as loss payee) and on any policy insuring property securing this note. You will apply this toward what I owe you. (3) [ ] If checked, this note is not further secured by any contemporaneous agreement (except for [1] and [2] of this section). (4) [ ] If checked, this note is secured by a separate dated (5) [x] Security Agreement - If checked, I give you a security interest in the property described below. The rights I am giving you in this property, and the obligations this agreement secures are on the second page of this agreement. 2009 KEYSTONE IM-3665 RE LE 4YDF3662894702180 CLOSED-END NOTE [ ] If checked, this security agreement (if not) should be filed in the real estate records. Legal Description ____________________________ Record Owner (if not me) _____________________ Signatures. I am the title or interest holder; I must sign a completed Real Estate Release of Security Agreement if so noted above. Signature Date Signature Date Any person who signs within this enclose does so to give you a security interest in the property described above, but assumes no personal obligation to pay this note. [X] __________ __________ __________ [X] __________ __________ __________ [X] __________ __________ __________ [X] __________ __________ __________ This property will be used for [ ] Personal [ ] Business [x] Agricultural (Other) If checked, this is a purchase money loan. You may include the name of the seller on the check or draft for this loan CONSIGNORS - SEE NOTICE ON PAGE 2 BEFORE SIGNING