IN THE DISTRICT COURT OF LINCOLN COUNTY,
STATE OF OKLAHOMA
JEFFERSON CAPITAL SYSTEMS LLC
Plaintiff,
-vs-
ANTHONY GARRIOTT
Defendant(s).
Case No. CS-2020-172
PETITION FOR MONEY DUE FOR BREACH OF REVOLVING CREDIT CHARGE AGREEMENT
Count I—Breach of Contract
COMES NOW the Plaintiff and for its cause of action against the Defendant(s) states as follows:
1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of GEORGIA; the debt sued upon arose in and Plaintiff's cause of action accrued in the State of Oklahoma.
2. That at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
3. Plaintiff is the holder of the Revolving Credit Charge Agreement ("Agreement") sued upon herein by virtue of the sale and assignment of said Agreement from COASTAL COMMUNITY BANK to various parties including and ultimately to Plaintiff.
4. That Defendant(s) was/were issued a credit account pursuant to the Defendant's Agreement with COASTAL COMMUNITY BANK.
5. That Defendant either made written application to COASTAL COMMUNITY BANK for said credit card, or signed various credit charge slips, or both, thereby agreeing in writing to the terms and conditions of said Agreement.
6. That the Defendant(s) did utilize said credit or allow it to be used in the purchase of goods and services at various locations and thereby agreed to the terms and conditions of said Agreement at the time it was issued to Defendant(s)
7. That as a result of the use of said credit by Defendant(s), the Defendant(s) did accrue certain indebtedness on said revolving credit charge account pursuant to the Agreement.
8. That COASTAL COMMUNITY BANK fully performed under the terms of the Agreement.
9. That in accord with normal business practices, COASTAL COMMUNITY BANK mailed itemized monthly billing statements to Defendant. Defendant did not object to any of the charges made on the monthly statements at issue herein, in writing, for over sixty (60) days.
10. That Defendant accepted the charges shown on the monthly billing statements as demonstrated by Defendant’s continued use of the account, payments made on the account, and the absence of any attempt to cancel the agreement between Defendant and COASTAL COMMUNITY BANK despite having received the monthly billing statements for several months.
11. That Defendant(s) failed to perform under the terms of the revolving retail credit charge agreement and is therefore in breach.
12. That as a direct and proximate result of Defendant’s breach, COASTAL COMMUNITY BANK was damaged in the amount claimed of $5365.03.
13. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
14. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
15. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) ANTHONY GARRIOTT is/are not in the Armed Forces for the United States, verified on 04/08/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $5365.03;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of the summons.
Count II—Suit On Account
COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows:
1. Plaintiff restates and re-alleges each and every paragraph of Count I as if fully set forth herein.
2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of GEORGIA.
3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $5365.03 for credit extended by COASTAL COMMUNITY BANK and used by the Defendant to purchase goods and/or services, hereinafter referred to as “items.”
5. That all sums owed to COASTAL COMMUNITY BANK are now due to the Plaintiff by virtue of assignment of said debt from COASTAL COMMUNITY BANK to various parties and ultimately to the Plaintiff.
6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s).
7. That the prices charged for the extension of credit for the Defendant to purchase such items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between COASTAL COMMUNITY BANK and Defendant(s), or in the alternative the usual and customary charges of COASTAL COMMUNITY BANK.
8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said credit charges when due.
9. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
10. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) ANTHONY GARRIOTT is/are not in the Armed Forces for the United States, verified on 04/08/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $5365.03;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of summons.
Count III—Quantum Meruit
COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows:
1. Plaintiff restates and re-alleges each and every paragraph of Count I and Count II as if fully set forth herein.
2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of GEORGIA.
3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $5365.03 for credit extended by COASTAL COMMUNITY BANK and used by the Defendant to purchase goods and/or services, hereinafter referred to as “items.”
5. That the credit issued to Defendant to purchase said items was provided to and for Defendant(s).
6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s).
7. That the prices charged for the extension of credit items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between Creditor and Defendant(s), or in the alternative the usual and customary charges of said Creditor.
8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said extension of credit immediately upon the providing thereof or promptly thereafter.
9. That Creditor has, by virtue of Sale and Assignment, transferred all causes of action against Defendant related to the facts and issues set forth herein to various parties including and ultimately to Plaintiff..
10. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
11. That Plaintiff, the current owner of the Cause of Action, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
12. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) ANTHONY GARRIOTT is/are not in the Armed Forces for the United States, verified on 04/08/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $5365.03;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff's fees and any fees for service of the summons.
Respectfully Submitted,
FABER AND BRAND L.L.C.
BY:
Michael L. Foster OK #20701
Jason P. Gubbins OK #22576
P.O. Box 10110
Columbia, Missouri 65205-4000
(888) 233-3141
(573) 442-1072 FAX
[email protected]
ATTORNEY FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Affidavit of Account
STATE OF MINNESOTA
COUNTY OF BENTON
Before me, the undersigned authority, personally appeared the individual whose name is subscribed below, and who, being by me duly sworn, deposed as follows:
1. My name is Melissa Kangabe. I am of sound mind, over the age of eighteen (18), have never been convicted of a felony or crime involving moral turpitude, and am capable of making this affidavit. I have personal knowledge of the facts herein stated as more fully set forth below.
2. I am an Authorized Representative of Jefferson Capital Systems, LLC and in that capacity act as a Custodian of Records. These records are kept in the ordinary course of business. This affidavit pertains to the collection of a COASTAL COMMUNITY BANK account number XXXXXXXXX6731, (the "Account") owed by ANTHONY GARRIOTT the Defendant(s).
3. Jefferson Capital Systems, LLC has acquired the Account pursuant to an assignment and is the owner and beneficiary of all rights, title and interest with regard to the Account, including the outstanding balance of the Account and any accrued interest thereon. The information transmitted to Jefferson Capital Systems, LLC in connection with its acquisition of the Account specifically described: (1) the obligation of the Defendant with regard to the Account, (2) the open date of the Account, (3) the charge-off balance of the Account after all payments, credits and offsets had been applied, and (4) other usage and identification information related to both the Defendant and to the Account. My testimony herein is based upon that information.
4. On or about March 28, 2022, the Defendant made application to open the Account. Thereafter, the Defendant utilized the Account, or the proceeds thereof, and became obligated to repay the Account pursuant to its terms.
5. The Defendant did not repay the Account and ceased making payments on the Account. The last payment date was 04/15/2024.
6. The Account was ultimately closed and charged-off, at which time there remained a balance due and owing on the Account that the Defendant has not paid.
7. As of 03/02/2026, the reference date of this affidavit, the amount due and owing on the Account, after all just and lawful offsets, payments, and credits had been allowed, is $5,365.03.
Melissa Kangabe - Custodian of Records
MAR 10 2026
SUBSCRIBED AND SWORN before me on _______________.
CARLY E BRIGGS
Notary Public
CARLY E BRIGGS
NOTARY PUBLIC-MINNESOTA
My Comm. Exp. Jan. 31, 2029
BILL OF SALE
DATED AS OF
JANUARY 24, 2025
Coastal Community Bank ("Bank"), for value received and pursuant to the Assignment of Receivables and Accounts, dated as of January 24, 2025 (the "Agreement"), between the Bank and Prosper Marketplace, Inc., ("Prosper"), does hereby assign set over, transfer and otherwise convey to Prosper, without recourse, and Prosper hereby assumes all right, title and interest of Bank in, to and under the Charged-Off Assets identified on Schedule 1 attached hereto, effective as of January 24, 2025 (such date to be the related "Closing Date" for the Accounts transferred by Bank pursuant to this bill of sale). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement.
COASTAL COMMUNITY BANK
By: Jon Sand
Name: Jon Sand
Title: CCO - EVP
PROSPER MARKETPLACE, INC.
By: Edward R. Buell III
Name: Edward R. Buell III
Title: General Counsel & Secretary
BILL OF SALE
DATED AS OF January 24th, 2025
Prosper Marketplace, Inc. ("Seller"), for value received and pursuant to the Account Purchase Agreement, dated as of May 14, 2024 (the “Agreement”), between the Seller and Jefferson Capital Systems, LLC, as Purchaser, does hereby sell, assign set over, transfer and otherwise convey to Purchaser, without recourse and the Purchaser hereby purchases, all right, title and interest of Seller in, to and under the Accounts identified on the related Closing Statement effective as of January 24th, 2025 (such date to be the related “Closing Date” for the Accounts sold by Seller under this bill of sale), Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement.
PROSPER MARKETPLACE, INC., as Seller
By: ____________________________
Name: Edward R. Buell III
Title: General Counsel & Secretary
Date: As of the Closing Date listed above
JEFFERSON CAPITAL SYSTEMS, LLC, as Purchaser
By: ____________________________
Name: Mark Zellmann
Title: President
Date: As of the Closing Date listed above
ANTHONY GARRIOTT
ACCOUNT SUMMARY
Credit Limit $4,400.00
Credit Available $92.00
Statement Closing Date April 18, 2024
Days In Billing Cycle 31
Previous Balance $4,288.65
- Payments & Credits $197.00
+ Purchases & Other Charges $92.14
+ Balance Transfer $0.00
+ Cash Advances $0.00
+ FEE CHARGED $0.00
+ INTEREST CHARGED $124.13
= New Balance $4,307.92
Questions? Contact us at 1-800-903-4697
Online: www.prospercards.com
Don't forget to sign up for automatic payments at prospercards.com.
TRANSACTIONS
<table>
<tr>
<th>Tran Date</th>
<th>Post Date</th>
<th>Reference Number</th>
<th>Transaction Description</th>
<th>Amount</th>
</tr>
<tr>
<td>03/29</td>
<td>03/29</td>
<td></td>
<td>GIORGIO S PIZZERIA CHANDLER OK</td>
<td>63.54</td>
</tr>
<tr>
<td>03/29</td>
<td>03/29</td>
<td></td>
<td>IMPERIAL LLC HUNT VALLEY MD</td>
<td>2.90</td>
</tr>
<tr>
<td>03/29</td>
<td>03/29</td>
<td></td>
<td>PHILLIPS 66 - ONCUE EX CHANDLER OK</td>
<td>11.37</td>
</tr>
<tr>
<td>04/10</td>
<td>04/10</td>
<td></td>
<td>IMPERIAL LLC HUNT VALLEY MD</td>
<td>3.40</td>
</tr>
<tr>
<td>04/10</td>
<td>04/10</td>
<td></td>
<td>TACO MAYO #88 CHANDLER OK</td>
<td>10.93</td>
</tr>
<tr>
<td>04/15</td>
<td>04/15</td>
<td></td>
<td>CARD PYMT</td>
<td>197.00</td>
</tr>
<tr>
<td colspan="5">TOTAL FEES FOR THIS PERIOD</td>
<td>0.00</td>
</tr>
<tr>
<td colspan="5">INTEREST CHARGED Interest Charge on Purchases</td>
<td>124.13</td>
</tr>
</table>
Transactions continued on next page
Please detach bottom portion and submit with payment using enclosed envelope
PAYMENT INFORMATION
New Balance $4,307.92
Minimum Payment Due $167.00
Payment Due Date May 15, 2024
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a $40 late fee.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example:
<table>
<tr>
<th>If you make no additional charges using this card and each month you pay...</th>
<th>You will pay off the balance shown on this statement in about...</th>
<th>And you will end up paying an estimated total of...</th>
</tr>
<tr>
<td>Only the minimum payment</td>
<td>18 years</td>
<td>$14,905.00</td>
</tr>
<tr>
<td>$194.00</td>
<td>3 years</td>
<td>$6,993.00 (Savings = $7,912.00)</td>
</tr>
</table>
If you would like information about credit counseling services, call 1-800-431-8157
Please note: This page contains confidential information from a legal document and should be handled with care.
[Redacted]
[Redacted]
[Redacted]
[Redacted]
TRANSACTIONS (continued)
<table>
<tr>
<th>Tran Date</th>
<th>Post Date</th>
<th>Reference Number</th>
<th>Transaction Description</th>
<th>Amount</th>
</tr>
<tr>
<td>04/18</td>
<td>04/18</td>
<td></td>
<td>INTEREST CHARGED<br>Interest Charge on Cash Advances<br>TOTAL INTEREST FOR THIS PERIOD</td>
<td>0.00<br>124.13</td>
</tr>
</table>
Totals 2024 Year-to-Date
<table>
<tr>
<th>Total fees charged in 2024</th>
<th>$39.00</th>
</tr>
<tr>
<th>Total interest charged in 2024</th>
<th>$486.17</th>
</tr>
</table>
IMPORTANT INFORMATION
$167.00 WILL BE DEDUCTED FROM YOUR ACCOUNT AND CREDITED AS YOUR AUTOMATIC PAYMENT ON 05/15/24.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual rate on your account.
<table>
<tr>
<th>Type of Balance</th>
<th>ANNUAL PERCENTAGE RATE (APR)</th>
<th>Balance Subject to Interest Rate</th>
<th>Days in Billing Cycle</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Purchases</td>
<td>34.74% (v)</td>
<td>$4,220.03</td>
<td>31</td>
<td>$124.13</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>35.24% (v)</td>
<td>$0.00</td>
<td>31</td>
<td>$0.00</td>
</tr>
</table>
(v) = variable (f) = fixed
___
___
___
ANTHONY GARRIOTT
ACCOUNT SUMMARY
Credit Limit $4,400.00
Credit Available $0.00
Statement Closing Date November 18, 2024
Days in Billing Cycle 31
Previous Balance $5,238.35
- Payments & Credits $0.00
+ Purchases & Other Charges $0.00
+ Balance Transfer $0.00
+ Cash Advances $0.00
+ FEE CHARGED $0.00
+ INTEREST CHARGED $126.68
= New Balance $5,365.03
Questions? Contact us at 1-800-903-4697
Online: www.prosperscards.com
Don't forget to sign up for automatic payments at prospercards.com.
PAYMENT INFORMATION
New Balance $5,365.03
Minimum Payment Due $1,494.00
Payment Due Date December 15, 2024
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a $40 late fee.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example:
<table>
<tr>
<th>If you make no additional charges using this card and each month you pay...</th>
<th>You will pay off the balance shown on this statement in about...</th>
<th>And you will end up paying an estimated total of...</th>
</tr>
<tr>
<td>Only the minimum payment</td>
<td>17 years</td>
<td>$15,074.00</td>
</tr>
<tr>
<td>$240.00</td>
<td>3 years</td>
<td>$8,655.00<br>(Savings = $6,419.00)</td>
</tr>
</table>
If you would like information about credit counseling services, call
1-800-431-8157
Notice: SEE REVERSE SIDE FOR MORE IMPORTANT INFORMATION
TRANSACTIONS
<table>
<tr>
<th>Tran Date</th>
<th>Post Date</th>
<th>Reference Number</th>
<th>Transaction Description</th>
<th>Amount</th>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
<td>TOTAL FEES FOR THIS PERIOD</td>
<td>0.00</td>
</tr>
<tr>
<td>11/18</td>
<td>11/18</td>
<td></td>
<td>INTEREST CHARGED<br>Interest Charge on Purchases</td>
<td>126.68</td>
</tr>
<tr>
<td>11/18</td>
<td>11/18</td>
<td></td>
<td>Interest Charge on Cash Advances</td>
<td>0.00</td>
</tr>
<tr>
<td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td>
<td>126.68</td>
</tr>
</table>
Totals 2024 Year-to-Date
<table>
<tr>
<th>Total fees charged in 2024</th>
<td>$148.00</td>
</tr>
<tr>
<th>Total interest charged in 2024</th>
<td>$1,357.88</td>
</tr>
</table>
Please detach bottom portion and submit with payment using enclosed envelope
PROSPER
P. O. Box 650078
Dallas TX 75265-0078
ANTHONY GARRIOTT
PAYMENT INFORMATION
Account Number:
Payment Due Date December 15, 2024
New Balance $5,365.03
Minimum Payment Due $1,494.00
Past Due Amount $1,314.00
Amount Enclosed: $
Make Check Payable to:
Prosper Card
P O Box 650078
Dallas TX 75265-0078
[Redacted]
ANTHONY GARRIOTT
Account Number:
IMPORTANT INFORMATION
YOUR ACCOUNT IS CURRENTLY CLOSED.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual rate on your account.
<table>
<tr>
<th>Type of Balance</th>
<th>ANNUAL PERCENTAGE RATE (APR)</th>
<th>Balance Subject to Interest Rate</th>
<th>Days in Billing Cycle</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Purchases</td>
<td>34.24% (v)</td>
<td>$4,369.19</td>
<td>31</td>
<td>$126.88</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>34.74% (v)</td>
<td>$0.00</td>
<td>31</td>
<td>$0.00</td>
</tr>
</table>
(v) = variable (f) = fixed
A[a]
