NCB MANAGEMENT SERVICES, INC. v. FRANK LEWIS

IN THE DISTRICT COURT OF WAGONER COUNTY STATE OF OKLAHOMA NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC Plaintiff, vs. FRANK LEWIS MELINDA LEWIS Defendants. Case No.: CS-26-292 PETITION ON DEFICIENCY COMES NOW Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC, by and through its Attorneys, Berman & Rabin, P.A., and for its cause of action against Defendant, FRANK LEWIS MELINDA LEWIS("Defendant"), states as follows: 1. NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC is a legal entity organized pursuant to the law. 2. FRANK LEWIS MELINDA LEWIS is believed to reside in the County of WAGONER. 3. FRANK LEWIS MELINDA LEWIS executed and delivered to NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC or Plaintiff's assignor, (collectively "Plaintiff"), a contract, a copy of which is attached hereto, made part hereof and marked "Exhibit A". 4. The Defendant breached the contract by failing to pay one or more of the payments when due and is in default. 5. After the Defendant's default, NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC elected to declare the entire unpaid balance due, as provided in the contract. 6. After the default, the collateral identified in the contract was either repossessed or voluntarily surrendered to NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC or Plaintiff's agent. 7. Thereafter, a notice of intended sale of the collateral was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit B". 8. Thereafter, the collateral was sold at public auction or private sale. 9. Each and every aspect of the disposition of the collateral was commercially reasonable because: a. The collateral was sold at a regularly occurring sale of motor vehicles that was advertised. b. The collateral was sold at a time during the day when one would normally expect a sale to occur. c. The collateral was sold at a place where one would normally expect a sale to occur. 10. After sale of the collateral, a notice setting forth the surplus or deficiency was mailed to the Defendant, a copy of which is attached hereto, made part hereof and marked "Exhibit C". 11. Demand has been made upon the Defendant for payment thereof, but FRANK LEWIS MELINDA LEWIS has failed to pay NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC, the balance due in the amount of $5,682.09. Plaintiff's affidavit of account is attached hereto marked as "Exhibit D". WHEREFORE, Plaintiff, NCB MANAGEMENT SERVICES, INC. Assignee of Nelson Nissan LLC, prays for judgment against Defendant, FRANK LEWIS MELINDA LEWIS, for the sum of $5,682.09, plus interest on any judgment rendered by this Court at the contractual rate of 6% per annum from the date of judgment, for all Court costs, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff requests that, upon entry of judgment in favor of Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order within 120 days subsequent to the filing date of the Journal Entry of Judgment and Order. Respectfully submitted, BERMAN & RABIN, P.A. Crystal Griffin, OK #31460 PO Box 1382 Choctaw, OK 73020 (913) 649-1555 FAX (913) 652-9474 EMAIL: [email protected] ATTORNEY FOR PLAINTIFF ATTORNEY LIEN CLAIMED 850315-FCL [Other sections of the contract text are also present but have been removed for brevity] OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGES AND PAYMENTS. a. How we will charge you finance charges. We will figure the Finance Charge (with daily rate of the Annual Percentage Rate on the unpaid part of the Annual Finance Charge) on payments to be made each month. We will apply each payment to the financed portion of the financed Nacho Charge, to the unpaid part of the Annual Finance Charge and to other charges you owe until they are settled in any order we choose. b. If you pay less than a scheduled payment, what happens to the interest, the Finance Charge, Total of Payments, and Total Sale Price: when you owe the most, the Monthly Minimum Payment, your finance charge, Total of Payments, and Total Sale Price will be more if you pay late or less if you pay early. If you try to pay less than your minimum monthly payment or at our option, more or fewer payments or run same amount we reserve the right to increase your finance charge before the first scheduled payment is due. c. You may agree to make payments and payments toward the Annual Finance Charge at any time without penalty, but you do so, you must pay the earned and unpaid portion. Any finance charges will also be increased by that total of your payment. d. Your right to request a balloon payment. A balloon payment balance is 2 times more than twice as large as the average on the average of your earlier scheduled payments. If you are buying the vehicle, included in the terms for your lease. We have the right to terminate the balloon payment when you, without penalty. The terms of the balloon payment will be explained when you signed this contract. This provision does not affect your right to adjust your payment schedule to your financial situation. e. Your OTHER PROMISES TO US. a. If you breach any contract or agreement or breach, you agree to pay us all you owed under this contract even if the vehicle has been sold if sold, delivered, or rented back. b. If we repossess the Vehicle. We agree not to remove the vehicle from the U.S. or Canada, or route, lessee or transfer possession. You agree not to expose the Vehicle to misuse, hazards, confiscation, or involuntary transfer unless the repairs and expenses are charged on the vehicle. If you fail to pay the amount when we ask for it, we may recover the amount when we ask for it. c. Security Interest. If you fraudulently represent: * The vehicle and all parts or goods sold in it; * Warranty or manufacturer's service or any contract with another entity, we finance for you. That includes any rewards or premium or charges. This represents your agreement to allow us on the contract if we determine your other agreements in sale cancellation; we will retain the title. We will not allow any other security interest to be placed on the title without our written permission. d. Insurance. What you want us to do about insurance. You agree to have physical damage insurance covering loss or damage to the vehicle for as long as you own it. If you do not have this insurance, we may, if we choose, buy physical damage insurance and keep the proceeds, and if you interrupt or alter the insurance that covers the vehicle, the insurer may either stop the insurance that covers the vehicle or any insurance that covers the vehicle and our interest in the vehicle. Our insurer will notify us within 48 hours after we notify them if they will issue or renew the policy. Your insurer will be the premium for the coverage and the annual charge will be the annual percentage rate shown on the front of this contract. If the vehicle is lost or damaged, you agreed to pay the cost of replacing the vehicle. u. What happens to returned insurance, maintenance, leasing, or use. If we acquire any or all of these rights, you agree that we may subtract the related sum from what you owe. x. If YOU PAY LATE OR BREAK YOUR OTHER PROMISES. a. Late charges. You will pay a late charge on each late payment as shown on this front. Acquiring or a late payment will increase the amount you still owe, or may result in our keeping making late payments. If you pay late, we may also take the steps described below to recover the amount you owe. If you break your promises (defaults), we may demand that you pay all you owe on this contract at once. Some reasons: * You gave false, incomplete, or misleading information on a credit application. * You filed a proceeding in bankruptcy or one is started against you or your property or you; * You materially breached this contract: The amount you will owe will be the unpaid part of the Annual Finance Charge plus the earned and unpaid part of the Annual Financial Charge and all charges owed, and any amounts owed because you defaulted. 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 ANY PROCEEDS THEREOF. RECOVERY THEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to debts or services obtained primarily for personal, family, or household use. In all others cases, Buyer will not assert 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. ABRAZION PROVISION PLEASE REVIEW - IMPORTANT - ABOUT YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF ARBITRATION IS AMBIGUOUS, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM OR CLAIMS AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY COORDINATION OR INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise involving the interpretation and scope of this Arbitration Provision, and the arbitrability of such claim or dispute (which could arise out of or relate to this Agreement, contract or any other transaction involving you or your relationship with third parties who do not sign this contract) shall be resolved by arbitration. If the amount in controversy exceeds $5000, unless the law or the rules of the chosen arbitration organization require filing a counterclaim or amendment, such action is not subject to binding arbitration. This Arbitration Provision is intended to refer to a single arbitration on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class case or join more than one person as a representative of a group. You must arbitrate any such claim or dispute on an individual basis except that the American Arbitration Association ("AAA") or its successor organization, as the applicable arbitration provider, may combine claims of two or more persons, only if the claims involve the same transaction, or transactions related by common nucleus of fact, in accordance with AAA's rules. Arbitration shall be conducted pursuant to the applicable rules of the applicable arbitration provider, which rules contain procedures for appointing arbitrators. Any arbitrator shall be neutral and independent. An arbitrator shall be bound by the terms of this Arbitration Provision and the FAA. Award decisions may be reviewed only to determine whether the arbitrator abused discretion in applying the law. Any award may be appealed only to the extent permitted by applicable law. Any ruling of the arbitrator is final, conclusive and binding on both parties and may not be appealed to a court. The awards made by the arbitrator may be enforced like judgments in federal and state courts, but awards of attorneys' fees are subject to judicial review. The following is additional arbitration rules and procedures that apply to all disputes between you and us: a). You may have to pay collection costs. If we hire an attorney who is not our in-house employee to collect what you owe, you will pay the attorney the hourly fee for the preparation and presentation of your case. You must pay the fees for the work your arborist does. You may wish to consult an attorney before agreeing to the resolution of your dispute through arbitration, but you do not have to do so. You may wish to consult with an attorney before agreeing to the resolution of your dispute through arbitration, but you do not have to do so. b). We may use an electronic device to test or evaluate the vehicle from you. If you default, we may take (repossession) the vehicle from you if we lay off or perform an inspection and find that the vehicle is not satisfactory. If we find that the vehicle is not satisfactory, we may take the vehicle. If we take the vehicle away, we may store it anywhere or sell it where we store it. We may use the vehicle for your own business. If you have questions, contact the office. c). If you can get the vehicle back, if we take it, we will reimburse you enough for it paid in full (without interest). d). If you keep the vehicle, you will pay for it (without interest). e). If you refuse to pay, we will sell the vehicle. We will send you a written notice of sale before the sale. If you ask us to delay the sale, we will allow up to ten days. We will not delay the sale if the sale price is not enough for us to pay for the vehicle and any allowed expenses. If the sale price is not enough for us to pay for the vehicle and any allowed expenses, we will pay the difference from our own funds. If the vehicle is not sold, we may sell it again. If the vehicle is not sold after two sales, we may apply the sale price to your debt. f). You may not have a lien on the vehicle. If we send you a written notice of sale, the lien expires when you sell the vehicle. If we do not send you the notice, the lien expires when you pay for the vehicle and any allowed expenses. g). If the sale price is not enough for us to pay for the vehicle and any allowed expenses, we may take money from the sale and pay it to someone else, including a creditor of ours. If we do not pay the sale price, or if the sale price is not enough for us to pay for the vehicle and any allowed expenses, we will notify you. If the sale price is not enough for us to pay for the vehicle and any allowed expenses, we will notify you. If you do not pay the sale price, or if the sale price is not enough for us to pay for the vehicle and any allowed expenses, we will notify you. If the sale price is not enough for us to pay for the vehicle and any allowed expenses, we will notify you. h). What we may do about additional insurance, maintenance, repairs, or other charges. You may be required to pay for optional insurance, maintenance, service, or other contracts. If we damage the vehicle, you agree that we may claim damages under the warranty and cannot claim to obtain refunds of charges paid to suppliers of optional insurance, maintenance, service, or other charges. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim against you the value of the vehicle without your consent. If there is a refundable charge related to what you owe. 4. WARRANTIES, SELLER DISCLAIMER AND USED CAR BUYER GUIDE. a. Used Car Buyer Guide. See the information you see on the window label for this vehicle is part of this contract. If you have any questions about this contract, please read it carefully. Spanish Translation. Para más información sobre de vehículos nuevas, véase en el formulario de la ventana para este vehículo, también parte del presente contrato. Si tiene preguntas sobre este contrato, por favor lea detenidamente lo que está contenido en el formulario de la ventana. 7. APPLICABLE LAW The law of the state of our address known on the front of this contract apply to this contract. For Form: 653-OK-AM/1/97 Sent Via First-Class Mail® June 13, 2024 Melinda Lewis NOTICE OF OUR PLAN TO SELL PROPERTY Account Number: XXXXXX7352 Contract Dated ("agreement"): 04/06/2018 Description of Collateral ("collateral"): Year: 2018 Make: NISSAN Model: SENTRA VIN: 3N1AB7AP3JY210198 Dear Melinda Lewis: This is formal notice that we have the collateral because you broke promises in our agreement. We will sell the collateral at a private sale sometime after 06/28/2024. A sale could include a lease or license. The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the collateral back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245 and request a written explanation. We will charge you $0.00 for the explanation if we sent you another written explanation of the amount you owe us within the last six (6) months. If you need more information about the sale, call us at (888) 222-4227, Monday through Friday 7:00 AM to 7:00 PM Central Time, or write us at P.O. Box 961245. Fort Worth, TX 76161-1245. We are sending this notice to the following other people who have an interest in the collateral or who owe money under your agreement: FRANK LEWIS You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. Sincerely, Santander Consumer USA P.O. Box 961245 Fort Worth, TX 76161-1245 (888) 222-4227 Sent Via First-Class Mail June 13, 2024 FRANK LEWIS NOTICE OF OUR PLAN TO SELL PROPERTY Account Number: XXXXXX7352 Contract Dated ("agreement"): 04/06/2018. Description of Collateral ("collateral"): Year: 2018 Make: NISSAN Model: SENTRA VIN: 3N1AB7AP3JY210198 Dear FRANK LEWIS: This is formal notice that we have the collateral because you broke promises in our agreement. We will sell the collateral at a private sale sometime after 06/28/2024. A sale could include a lease or license. The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the collateral back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (888) 222-4227 or write us at Santander Consumer USA, P.O. Box 961245, Fort Worth, TX 76161-1245 and request a written explanation. We will charge you $0.00 for the explanation if we sent you another written explanation of the amount you owe us within the last six (6) months. If you need more information about the sale, call us at (888) 222-4227, Monday through Friday 7:00 AM to 7:00 PM Central Time, or write us at P.O. Box 961245, Fort Worth, TX 76161-1245. We are sending this notice to the following other people who have an interest in the collateral or who owe money under your agreement; Melinda Lewis You are receiving this notice due to the legal requirements of the state where you originally signed the agreement and/or the state where you currently reside. Sincerely, Santander Consumer USA P.O. Box 961245 Fort Worth, TX 76161-1245 (888) 222-4227 Explanation of Calculation of Surplus or Deficiency Date: 08/06/2024 FRANK LEWIS Re: Account No. [REDACTED] Retail Installment Sale or Credit Sale Contract dated 04/06/2018 ("Agreement") 2018 // NISSAN // Sentra // VIN 3N1AB7AP3JY210198 ("Vehicle") Dear FRANK LEWIS: Please be advised that we disposed of the Vehicle on 07/18/2024. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. 1. Aggregate unpaid balance of Agreement as of 08/06/2024 $7,403.11 2. Rebate of unearned finance charges as of 08/06/2024, if any - $0.00 3. Accrued and unpaid late fees + $827.86 4. Net balance due (1 minus 2 plus 3) = $8,030.97 5. Gross proceeds from the sale of the Vehicle - $1,500.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $6,530.97 7. Costs of retaking the Vehicle $285.00 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $0.00 10. Costs of selling the Vehicle + $317.50 11. Attorneys' fees and court costs + $0.00 12. Other costs: + $0.00 13. Total Costs (7 through 12) = $602.50 14. Credit: Rebate of unearned insurance premiums $0.00 15. Credit: + $0.00 16. Credit: + $0.00 17. Total Credits (14 through 16) = $0.00 18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) - $7,133.47 (The checked box applies to you). Explanation of Calculation of Surplus or Deficiency Date: 08/06/2024 MELINDA LEWIS Re: Account N__________ Retail Installment Sale or Credit Sale Contract dated 04/06/2018 ("Agreement") 2018 // NISSAN // Sentra // VIN 3N1AB7AP3JY210198 ("Vehicle") Dear Melinda Lewis: Please be advised that we disposed of the Vehicle on 07/18/2024. The proceeds of the sale have been applied as explained below. If you financed a premium for credit insurance under your Agreement, you may be entitled to a refund of any unearned portion of the premium. 1. Aggregate unpaid balance of Agreement as of 08/06/2024 $7,403.11 2. Rebate of unearned finance charges as of 08/06/2024, if any - $0.00 3. Accrued and unpaid late fees + $627.85 4. Net balance due (1 minus 2 plus 3) = $8,030.97 5. Gross proceeds from the sale of the Vehicle - $1,500.00 6. Subtotal after deducting proceeds of sale (4 minus 5) = $6,530.97 7. Costs of retaking the Vehicle $285.00 8. Costs of storing the Vehicle + $0.00 9. Costs of preparing the Vehicle for sale + $0.00 10. Costs of selling the Vehicle + $317.50 11. Attorneys' fees and court costs + $0.00 12. Other costs + $0.00 13. Total Costs (7 through 12) = $602.50 14. Credit: Rebate of unearned insurance premiums $0.00 15. Credit: + $0.00 16. Credit: + $0.00 17. Total Credits (14 through 16) = $0.00 18. Balance due/surplus after sale (6 plus or minus 13, plus or minus 17) = $7,133.47 (The checked box applies to you). NCB MANAGEMENT SERVICES, INC. Plaintiff, vs. FRANK LEWIS MELINDA LEWIS Defendant(s) AFFIDAVIT STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) ss. Before me, the undersigned Notary Public, personally appeared the person identified by name and title below, who being by me duly sworn, deposed and stated as follows: 1. I am making the statements in this Affidavit as of November 19, 2025. My name is LALANI LALSINGH. I am of sound mind, lawful age and capable of making this Affidavit. I am a Custodian of Records, authorized Officer, and employee of the above named Plaintiff. I am duly authorized by the Plaintiff to make this Affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records, physical records, contracts, and records concerning contracts in default. 2. The statements set forth in this Affidavit are true and correct based on my personal knowledge and review of the business records described herein, and the processes by which Plaintiff maintains its business books and records. 3. These books and records, including specifically Contracts and corresponding documents, are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or (2) by a computer or other similar digital means, which contemporaneously records and event as it occurs. 4. My employment duties include being a custodian of records for the Plaintiff with respect to contracts with customers for property and/or related services. As a custodian of such records, I have knowledge of, and access to, Plaintiff's contracts, account information, and records concerning a Contract entered into by Defendant(s) with Plaintiff. 5. The Defendant(s) has/have failed to timely remit payment due under the Contract and is therefore in default thereof. The balance due under the Contract is therefore accelerated, and past due. After all credits and setoffs to which Defendant(s) is/are entitled, there is a total balance owing from Defendant(s) to Plaintiff of $5,682.09 as of November 18, 2025. 6. The above Plaintiff is the current holder and/or servicer and payee of the Contract, and neither the Contract, nor any part thereof, has been assigned to any other person or entity.