CJ-2020-1024 - Tinker Federal Credit Union v. Richard L. Fisher

What's This Case About?

Let’s be real: nobody wakes up dreaming of becoming a defendant in a $18,473 debt collection lawsuit. But here we are. Richard L. Fisher, a man with a checking account, a 2002 Corvette loan, and apparently a very expensive taste in Visa Platinum cards, now finds himself on the wrong side of a lawsuit from Tinker Federal Credit Union — not because he robbed a bank or ran a Ponzi scheme, but because he allegedly racked up a credit card bill and then… didn’t pay it. That’s it. That’s the crime. Welcome to CrazyCivilCourt, where the drama isn’t murder, it’s missed payments.

So who is Richard L. Fisher? Well, from what we can gather — a guy who lives in Oklahoma City, owns a Corvette (or at least once did), has a home equity loan, and, for a brief, shining moment, believed he could handle a $7,600 credit limit. He signed up for his TFCU Visa Platinum card on November 26, 2014, with all the confidence of a man who’s never read the fine print on a credit card agreement. He probably got the card in the mail, swiped it at a dealership, a restaurant, maybe a Home Depot run or two, and life went on. Fast forward six years, and Tinker Federal Credit Union — a financial institution that sounds like it should sponsor a high school robotics team — is suing him for $18,473.44. That’s not just the original $7,600. That’s more than double that. Interest, late fees, compounding charges — the whole financial horror show. It’s like watching a snowball roll down a mountain and turn into an avalanche. And now, in February 2020, TFCU pulls out the legal artillery.

The story, as told in the most dramatic court document since The People vs. O.J. Simpson, is pretty straightforward: Richard signed a contract. He used the card. He stopped paying. The credit union wants its money. That’s breach of contract 101, folks. No secret recordings, no embezzlement, no dramatic courtroom confessions — just a paper trail of unpaid charges and a collections lawyer named Jeffery S. Ludlam typing up a petition with the enthusiasm of a man who’s done this exact thing 317 times before. The filing even includes Exhibit A — the sacred credit card agreement — and Exhibit B — a Servicemember’s Civil Relief Act affidavit, which basically says, “No, Richard Fisher is not currently in the military, so we’re allowed to sue him.” Which, sure, is a legal necessity, but also feels like a weird flex. “We checked the DoD database, and no, sir, you are not a deployed soldier — you are just a guy who owes money.”

Now, let’s talk about the money. $18,473.44. That’s not chump change. That’s a used car. That’s a down payment on a wedding. That’s a lot of therapy sessions. And TFCU isn’t just asking for the principal — they want interest, at a rate of 10.75% per year, both before and after judgment. They also want attorney’s fees and collection costs. Translation: if Richard loses, he could end up owing even more than $18k. And to add insult to financial injury, the credit union has requested that the Oklahoma Employment Security Commission hand over Richard’s employment info — meaning they’re not just suing him, they’re preparing to collect. This is not a friendly reminder. This is a financial siege.

But here’s the wild part: look at Richard’s own account details, buried in the filing like a financial Easter egg. The man has over $8,000 in his checking account. $7,721.15 in his Click Checking account, to be exact. Plus another $1,050 in his primary share. That’s nearly $9,000 in liquid assets. Meanwhile, his outstanding loans? A measly $3,080 on a second mortgage and $1,526 on that Corvette. So either Richard is sitting on cash he refuses to touch, or — and hear me out — he’s prioritizing not paying his credit card over, say, not getting sued. Or maybe he’s just hoping TFCU forgets. Spoiler: they did not forget.

TFCU, for its part, is playing the long game. They’ve got the contract. They’ve got the balance. They’ve got the notarized affidavit from Diana Rios, Collections Legal Specialist and apparently part-time military status detective. They’ve dotted every “i,” crossed every “t,” and even included that legally mandated debt collection notice: “THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.” It’s like the fine print equivalent of a passive-aggressive sticky note on your fridge.

So what do they want? Money. Plain and simple. Judgment for $18,473.44, plus interest, plus legal fees, plus the emotional toll of knowing you lost a court case to a credit union. Is that a lot? In the grand scheme of civil lawsuits, it’s mid-tier. Not “I got hit by a bus and now I’m suing for millions” levels. Not “corporate fraud that bankrupted a town” levels. But for one guy and a credit card? Yeah, that’s a life-altering sum. It’s the kind of debt that can tank a credit score, block a mortgage, or force someone to sell their Corvette. (RIP, 2002 Chevy Corvette Conv. You served him well.)

Now, our take. The most absurd part of this case isn’t the amount, or the fact that a credit union is suing a member. It’s the whiplash between Richard’s apparent financial standing and his failure to pay. The man has thousands in the bank. He’s not exactly living in a cardboard box. So why let this go to court? Was he disputing the charges? Was there a billing error? Did he think the debt would just… evaporate? Or did he just ignore the letters, the calls, the notices, until one day — boom — a lawsuit shows up?

We’re not rooting for TFCU. They’re a big institution with lawyers and databases and automated collection systems. They’re the Death Star of debt recovery. But we’re also not rooting for Richard, unless he’s got some hidden sob story — medical bills, job loss, a rogue family member maxing out his card. Without that context, this just looks like financial negligence meeting corporate inevitability.

At the end of the day, this case is a perfect microcosm of America’s love-hate relationship with credit. We hand out plastic like candy, then act shocked when people can’t pay. We charge 10.75% interest, then sue when the math catches up. And we file motions in Oklahoma County District Court like it’s Law & Order: Civil Division.

So here’s hoping Richard shows up to court with a payment plan and a better financial advisor. And here’s hoping TFCU remembers that credit unions are supposed to be for their members — not just at them.

But let’s be real. This isn’t about justice. It’s about money. And in the court of petty civil disputes, the credit card always wins.

Case Overview

$18,473 Demand Petition

Jurisdiction

Oklahoma District Court, Oklahoma

Filing Attorney

Jeffery S. Ludlam

HALL & LUDLAM, PLLC

Relief Sought

$18,473 Monetary

Plaintiffs

Tinker Federal Credit Union business
Rep: Jeffery S. Ludlam, OBA #17822

Defendants

Richard L. Fisher individual

Claims

#	Cause of Action	Description
1	breach of contract	TFCU seeks to collect a debt of $18,473.44 from Defendant for unpaid credit card charges.

Petition Text

1,701 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION Plaintiff, vs. RICHARD L. FISHER, Defendant. CJ - 2020-1024 FILED IN DISTRICT COURT OKLAHOMA COUNTY FEB 20 2020 RICK WARREN COURT CLERK 38__________________ PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against Defendant, Richard L. Fisher ("Defendant"), alleges and states as follows: 1. On or about November 1, 2014, Defendant executed a credit card open account (hereinafter referred to as the "Contract") and became obligated to pay TFCU for all charges made thereon. See Exhibit "A". 2. Defendant defaulted on the Contract by failing to timely pay and is indebted to TFCU in the amount of $18,473.44 as of January 9, 2020. 3. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936. 4. TFCU is entitled to pre and post judgment interest at the contractual rate of 10.7500% per annum. 5. Pursuant to the Servicemember's Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit "B". THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 6. Pursuant to 40 O.S. §4-508(D), TFCU requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendant, Richard L. Fisher for $18,473.44, plus pre and post judgment interest at 10.7500% per annum, TFCU’s reasonable attorney’s fees and costs incurred in pursuit of this action, TFCU’s reasonable attorney’s fees and costs incurred in collection of the Judgment and for such other and further relief as this Court deems just and proper. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 600-9550 Facsimile [email protected] Attorneys for Tinker Federal Credit Union Account 197451 Richard L Fisher Account Type: General Membership Member 781 General Membership RICHARD L FISHER Primary <table> <tr><th>Share</th><th>Description</th><th>Maturity Date</th><th>Available Balance</th></tr> <tr><td>S 0001</td><td>PRIMARY SHARE</td><td></td><td>1,050.53</td><td>1,055.53</td></tr> <tr><td>S 0004</td><td>CLICK CHECKING</td><td></td><td>7,721.15</td><td>7,721.15</td></tr> <tr><td>S 0013</td><td>PREM TUM PLUS</td><td></td><td>170.68</td><td>170.68</td></tr> </table> <table> <tr><th>Loan</th><th>Description</th><th>Due Date</th><th>Payment</th><th>Balances</th></tr> <tr><td>L 0051</td><td>EQUITY 2ND MTG FIXED</td><td>04/18/2015</td><td>195.03 C</td><td>3,080.66</td></tr> <tr><td>L 0052</td><td>2002 CHEVROLET CORVETTE CONV</td><td>04/10/2015</td><td>356.03 C</td><td>1,526.58</td></tr> </table> YES, I WANT MY TFCU VISA PLATINUM CARD! Richard L Fisher, 11360 Bentree Creek Oklahoma City, OK 73120-6833 184F6X4F48 $7600 Co-Application Information (if any): Name (First, Middle, Last) Address City ___________________________ State ______ Zip ______ Social Security Number ______________ Date of Birth ___________ Employer ________________________ Gross Annual Income ___________ Home Phone _______________ Cell Phone ______________ Work Phone ___________ I have read and agreed to the terms and conditions on the reverse side of this letter. I also agree to read and comply with the Cardholder Agreement and Disclosure Statement accompanying my credit card. Signature __________________________ Date 26 Nov 2014 FOR OFFICE USE ONLY Expiration date: February 15, 2016 www.tinkerfcu.org TFCU Tinker Federal Credit Union EXHIBIT "A" AFFIDAVIT STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) ) Diana Rios, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Richard L Fisher is not in the military. A copy is attached hereto. Signed under penalty of perjury Diana Rios Subscribed and sworn to before me this 8th day of January, 2020. Notary Public My Commission Expires: (SEAL) "EXHIBIT" "B" Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-4254 Birth Date: Last Name: FISHER First Name: RICHARD Middle Name: L Status As Of: Jan-09-2020 Certificate ID: LWJH8WKQSS9NGJN <table> <tr> <th colspan="4">On Active Duty On Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individual's active duty status based on the Active Duty Status Date. <table> <tr> <th colspan="4">Left Active Duty Within 367 Days of Active Duty Status Date</th> </tr> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date. <table> <tr> <th colspan="4">The Member or His/her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date</th> </tr> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty. Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq. as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.