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DELAWARE COUNTY • CJ-2026-00048

Upgrade Warehouse Trust 2018 I Serviced by Upgrade Inc. v. Dedira Creason

Filed: Feb 16, 2023
Type: CJ

What's This Case About?

Let’s cut right to the chase: someone borrowed $31,000 online to do… well, something—we don’t know what—and then just stopped paying. Not a little late. Not “I’ll pay next month.” Nope. They ghosted the whole thing like a bad first date, and now a faceless financial entity with a name that sounds like a storage unit trust (Upgrade Warehouse Trust 2018 I, seriously?) is suing them in Delaware County, Oklahoma, for just over $31,600. And yes, you read that right—this isn’t some random dude with a grudge. It’s a trust named after a year, like it’s a vintage wine, coming after a woman named Dedira Creason with the full force of the legal system. Welcome to the wild world of consumer debt litigation, where the stakes are high, the players are bizarre, and the drama is 100% real.

So who are these people? On one side, we’ve got Dedira Creason—a regular individual, living in Afton, Oklahoma, a tiny town near the Arkansas border where the biggest news might usually be whose cow got loose on Highway 59. She applied for a loan through Upgrade, Inc., a fintech company that acts as a middleman between borrowers and banks. Think of it like a digital loan speed-dating app: you swipe right on a loan offer, and boom—money appears in your account. Except instead of hearts and matches, there are credit checks and promissory notes. The actual lender was Cross River Bank, a New Jersey-based FDIC-insured bank that probably doesn’t even know Dedira exists. But the money flowed, the deal was done, and Dedira got $31,330. That’s not chicken scratch. That could buy a used car, pay off a mountain of credit card debt, or fund a very ambitious home renovation. Whatever she used it for, it was clearly important enough to sign a contract.

Now, here’s where things go off the rails. According to the filing, Dedira made payments for a while—long enough that this wasn’t an instant default. But then, on or around April 17, 2025—yes, 2025, which means this lawsuit was filed before the default even happened—she stopped paying. Wait, what? How can you sue someone for something that hasn’t occurred yet? Oh, hold on. Let’s double-check that date. The petition was filed on February 16, 2023. But the alleged default date is April 17, 2025. That’s two years in the future. Either Dedira Creason is a time-traveling debtor, or someone at the Rutledge Law Firm had a serious typo. And not just any typo—a doozy that makes it look like Upgrade Warehouse Trust 2018 I is filing lawsuits based on future events, like some kind of financial Nostradamus. We’re not lawyers, but even we know you can’t sue someone for something that hasn’t happened. So either the date is wrong (very likely), or we’ve stumbled into a Minority Report scenario where debt crimes are prosecuted before they occur. We’re going with “likely typo,” but can we please keep the time-travel theory alive for dramatic effect?

Assuming the date is just a clerical error—maybe it was supposed to be April 2023 or even 2022—here’s what probably happened: Dedira took the loan, paid for a bit, then stopped. The account went delinquent. The balance grew with interest and fees. Eventually, the loan was “charged off,” which is banker-speak for “we’ve given up on collecting this the normal way and are now treating it as a loss.” But that doesn’t mean the debt disappears. No, no. It just gets tossed into the legal machine, where a trust like Upgrade Warehouse Trust 2018 I—yes, it’s a real thing—steps in to sue. These trusts are often set up to hold bundles of loans, kind of like a mutual fund for debt. So Dedira’s loan might be one of hundreds in a portfolio, and now the trust is trying to recoup its losses. Cold? A little. Capitalist? Absolutely. But that’s how modern debt collection works—impersonal, automated, and relentless.

Now, why are they in court? The filing lists three legal claims, which sound fancy but are actually pretty straightforward. First: breach of contract. That means Dedira agreed to pay back the loan, and she didn’t. Simple as that. Second: unjust enrichment. This is a way of saying, “You got money you didn’t earn, and it’s not fair for you to keep it.” Like if someone accidentally wired you $30,000 and you spent it on a boat—you’d probably have to give it back. Third: promissory estoppel, which is a mouthful that basically means “you promised to pay, we relied on that promise, and now you’re backing out.” It’s a backup argument in case the contract itself is somehow unenforceable. All three are standard in debt collection lawsuits—this isn’t a creative legal strategy, it’s a legal shotgun blast to make sure something sticks.

And what do they want? $31,681.35. That’s not just the original $31,330—it includes interest, fees, and whatever else piled up during the non-payment period. Is that a lot? For most people in rural Oklahoma, yes. That’s a year’s rent in many parts of the state. It’s a down payment on a house. It’s a lot of money. And while it’s not a million-dollar lawsuit, it’s not a “oops I forgot my credit card bill” amount either. This is life-altering debt. The plaintiff also wants court costs, attorney’s fees, and post-judgment interest—meaning if they win, the debt could keep growing. And since Dedira doesn’t appear to have a lawyer (at least not yet), she’s facing this corporate debt machine alone.

Now, here’s our take: the most absurd part isn’t the amount, or even the typo that sent this case into the future. It’s the name: Upgrade Warehouse Trust 2018 I. It sounds like a storage unit for old furniture, not a plaintiff in a debt lawsuit. You half expect the filing to mention that the loan was secured by a rusted lawnmower in Unit 12B. And let’s be real—this isn’t some personal grudge. No one at Upgrade Warehouse Trust 2018 I knows Dedira Creason. They’ve never met. They don’t care what she spent the money on. They don’t know if she lost her job, got sick, or just decided “nah, I’m not paying.” This is pure financial calculus: money out, money not back, initiate collection protocol. It’s the dehumanization of debt at its finest.

But here’s the thing—we’re not rooting for the trust. We’re not rooting for anyone to get sued over a typo-riddled petition. But if we had to pick a side in this modern-day debt drama, we’d at least want to hear Dedira’s story. Did she try to negotiate? Was she overwhelmed? Was there a misunderstanding? Because right now, all we have is a faceless corporation with a ridiculous name chasing a woman in Oklahoma for a debt that, according to their own paperwork, doesn’t exist yet. And if that’s not the plot of a satirical dark comedy about the American financial system, we don’t know what is.

So stay tuned, Delaware County. Because if the court actually schedules a hearing for April 17, 2025, we’re showing up—with popcorn.

Case Overview

$31,681 Demand Petition
Jurisdiction
District Court of Delaware County, Oklahoma
Relief Sought
$31,681 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract Defendant failed to make payments on a loan
2 unjust enrichment Defendant accepted benefits without repaying the loan
3 promissory estoppel Defendant made a promise to pay but failed to do so

Petition Text

635 words
IN THE DISTRICT COURT OF DELAWARE COUNTY STATE OF OKLAHOMA UPGRADE WAREHOUSE TRUST 2018 I ) Serviced by UPGRADE INC. ) Plaintiff, vs. DEDIRA CREASON ) Defendant. Case No. CJ-2026-48 PLAINTIFF'S ORIGINAL PETITION COMES NOW Plaintiff, UPGRADE WAREHOUSE TRUST 2018 I Serviced by UPGRADE INC. ("Plaintiff"), and for its causes of action against Defendant, DEDIRA CREASON states and alleges as follows: Parties 1. Plaintiff UPGRADE WAREHOUSE TRUST 2018 I Serviced by UPGRADE INC. may be served with notice through its attorneys of record. 2. The Defendant, DEDIRA CREASON (hereinafter referred to as "Defendant" or "Borrower") is an individual and former customer of Plaintiff's, residing within the venue of the above referenced court and may be served at the following address, or wherever the Defendant may be found: 57471 E 240 RD AFTON OK 74331. Jurisdiction & Venue 3. This Court has general and original jurisdiction over Plaintiff's claims, including its claims for breach of promissory note, breach of contract, and unjust enrichment. Furthermore, Plaintiff has sustained damages and other losses in excess of the amount required to invoke this Court's jurisdiction. 4. Venue is proper in this county pursuant to Oklahoma law because it is: (1) where Defendant resides; (2) where the statement of account, contract, promissory note or other instrument of indebtedness originated; (3) where the Defendant is subject to personal jurisdiction; and (4) where many acts giving rise to this cause of action occurred. 12 OK Stat § 142. 5. All conditions precedent to instituting this action have occurred, been performed, were waived or have otherwise been satisfied. Factual Background 6. Upgrade, Inc. operates a technology powered online marketplace which enables consumers to apply for and obtain loans that are originated and funded by lenders through the Upgrade platform. The Defendant utilized Upgrade, Inc.’s, national online consumer loan marketplace to enter into a Borrower Agreement with Cross River Bank, a New Jersey-chartered FDIC insured bank. 7. The Defendant was issued a loan in the principal amount of $31,330.00. 8. Cross River Bank funded the Defendant's loan and Plaintiff Upgrade Inc. serviced the Defendant's loan per the Borrower Agreement. 9. On or about April 17, 2025, Defendant ceased making payments, and thus, defaulted on the obligations as stated in the contract. The remaining balance due by Defendant in the amount of $31,681.35 was charged off. Breach of Contract 10. Paragraphs 1-9 are incorporated by reference as if fully set forth herein.. 11. Defendant utilized the Plaintiff’s services to enter into a valid and enforceable contract under which money was extended to Defendant. 12. Defendant breached the contract by failing to make payments as agreed. 13. Defendant's breach caused the entire balance due to be charged off as an economic loss. Plaintiff now seeks liquidated damages in the amount of $31,681.35. Unjust Enrichment 14. Paragraphs 1 through 13 are incorporated by reference. 15. Defendant knowingly and willingly accepted and received monies and/or benefits unjustly and should make restitution for those monies and/or benefits. 16. Defendant has received an unfair benefit by the refusal to repay what is owed. Equity requires that Defendant not retain the benefit of these sums owed. Further, it would be unconscionable for Defendant to retain the monies and/or benefits obtained. 17. Plaintiff is entitled to judgment against Defendant to recover the value of the benefit conferred, interest costs and attorney fees. Promissory Estoppel 18. Plaintiff also sues under the equitable action of promissory estoppel in that Defendant made a promise to pay. Defendant's promise resulted in detrimental reliance. Prayer For Relief WHEREFORE, Plaintiff prays this Honorable Court grant judgment in favor of Plaintiff and against Defendant for the following: a. The balance due in the amount of $31,681.35; b. all court costs; c. post-judgment interest as permitted by law; d. reasonable and necessary attorney's fees; and e. such other relief plaintiff may be entitled to at law or equity. Respectfully submitted, Rutledge Law Firm, P.C. By: [signature] W. "Will" Rutledge, OBA #36346 2603 Augusta Drive Suite #500 Houston, Texas 77057 833-856-4700 832-843-0699 facsimile [email protected] ATTORNEYS FOR PLAINTIFF
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