Mariner Finance, LLC v. Krista Lucas

IN THE DISTRICT COURT OF HASKELL COUNTY STATE OF OKLAHOMA MARINER FINANCE, LLC ) ) PLAINTIFF ) CASE NO. CS26-38 V. ) ) KRISTA LUCAS ) DEFENDANT ) PETITION Comes now the Plaintiff, by and through counsel, and for its cause of action, states as follows: 1. On or about May 31, 2024, the above-named Defendant, KRISTA LUCAS, executed and delivered, for good and valuable consideration, a Promissory Note to Plaintiff in the amount of $8,743.30 a copy of which is attached hereto as "Exhibit A." 2. The Defendant, KRISTA LUCAS, who resides in Haskell County, Oklahoma, is in default in the payment of said Promissory Note and there is immediately due and payable to Plaintiff the sum of $4,540.75. 3. Pursuant to 12 O.S. § 936 and under the terms of the Promissory Note, if after a default by Defendant the Note is referred to an attorney that is not a salaried employee of Plaintiff then Plaintiff is entitled to reasonable attorneys' fees and reasonable costs of collection. 4. Demand for payment has been made upon the Defendant and same has been refused. 5. Pursuant to the Servicemember's Civil Relief Act of 2003, Plaintiff has reviewed the Department of Defense website and determined that the Defendant is not in the active military. A Military Status Affidavit is attached hereto as "Exhibit B." 6. Pursuant to 40 O.S. § 4-508(D), Plaintiff 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, employment information of the Defendant. WHEREFORE, Plaintiff demands Judgment against the Defendant, KRISTA LUCAS, in the amount of $4,540.75, plus late charges in the amount of $93.00, plus reasonable attorney fees, plus pre-judgment and post-judgment interest at the contract rate of 31.9900% per annum from June 10, 2025, until paid, plus all costs incurred herein, and any and all other relief to which Plaintiff may appear entitled. Respectfully submitted, Debbie S. Johnson, OBA # 17991 B and B Attorneys, PLLC Attorney for Plaintiff 925 Dudley Road Edgewood, KY 41017 (859) 331-7900 (859) 331-5337 (fax) [email protected] THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE EXHIBIT A NOTE, SECURITY AGREEMENT & ARBITRATION AGREEMENT (Oklahoma) Name & Mailing Address of Borrower(s) KRISTA LUCAS 308 NE 7TH STREET KEOTA, OK 74941 Co-Borrower(s) Maturity Date 12/10/2027 Account No. 2034-17 CO-BORROWER ADDRESS IF NOT THE SAME Loan/Transaction Date 5/31/2024 The borrower(s) who sign this Note, Security Agreement & Arbitration Agreement (note) are called I, you or your. The lender/creditor, Mariner Finance, LLC whose address is 3300 CHANDLER ROAD SUITE 101, MUSKOGEE, OK 74403, is called we, us, or our. Each borrower is responsible for individually repaying the loan in full. These disclosures are required by law and are part of this note: ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. FINANCE CHARGE The dollar amount the credit will cost you. Amount Financed The amount of credit provided to you or on your behalf. Total of Payments The amount you will have paid after you have made all payments as scheduled. <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you.</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf.</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled.</th> </tr> <tr> <td>34.41%</td> <td>$ 3,728.08</td> <td>$5,015.22</td> <td>$ 8,743.30</td> </tr> </table> Your payment schedule will be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>1</td> <td>$ 252.61</td> <td>07/10/2024 First Payment Date</td> </tr> <tr> <td>41</td> <td>$ 207.09</td> <td>Other payments are due on the same date each following month until paid in full.</td> </tr> </table> Security: You are giving a security interest in: ☐ the goods or property being purchased. ☒ Unsecured Late Payment: If a payment remains past due for more than 10 days after the due date, you will pay the greater of 5% of the unpaid amount of the payment or $31.00. Prepayment: If you pay off early, you will not have to pay a penalty and you will not be entitled to a refund of part of the finance charge. See the rest of this note for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed 1. $ 1,385.19 Net Balance-Prior Account 2. $ 15.22 Plus Accrued Interest 3. $ 1,400.41 Unpaid Balance-Prior Account 4. $ NONE To Ins. Company for Life Ins.* 5. $ NONE To Ins. Company for Dis. Ins.* 6. $ NONE To Ins. Company for Property Ins.* 7. $ NONE To Ins. Company for Invol. Unemp.* 8. $ NONE To Ins. Company for Single/Dual Interest Auto Ins.* 9. $ NONE Optional GAP DEBT CANC. CONTRACT Obtained through GAP Admin For a term of N/A months* 10. $ NONE To Public Officials for Recording Fees 11. $ 3,614.81 Cash to Borrower(s) *We or our affiliates may receive benefits from your purchase of these items. If any insurance coverage is less than the principal balance or the full term of the loan, the covered balance and term are noted on the applicable insurance documents. At your direction and request, on your behalf and for your benefit, we will disburse the following (including any items described on Schedule B): a) $ NONE To N/A b) $ 3,614.81 To KRISTA LUCAS c) $ NONE To N/A d) $ NONE To N/A e) $ NONE To N/A f) $ NONE To N/A g) $ NONE To N/A h) $ NONE To N/A 12. $ 5,015.22 Amount Financed (Sum of 3-11) 13. $ 178.87 Prepaid Finance Charge (Lender Closing Fee) You promise to pay us the Amount Financed plus the Prepaid Finance Charge at the annual simple interest rate of _31.99_% (the Interest Rate), in monthly payments as scheduled above. You will pay interest on the unpaid amount due under this note after maturity (whether originally scheduled or accelerated) and after judgment until paid in full at the Interest Rate. All payments we receive will be applied first to late and other charges, then to accrued interest, and then to the unpaid principal balance until paid in full, or in any other order to the extent permitted by law. If you finance the cost of any optional insurance or other products listed in this note, those costs will be subject to finance charges at the Interest Rate under this note. You may prepay this loan in full or in part at any time. If you prepay in part, you must still make each later payment in the original amount as it becomes due until the loan is paid in full. Upon any prepayment, we will refund any unearned insurance premiums. You agree to pay the charges permitted by applicable law. You agree to pay a Lender Closing Fee of $178.87. You and we agree that the Lender Closing Fee is not subject to a full or partial rebate if you prepay in full. We charge only one late charge (in the amount specified above) on any payment or part of a payment. You will pay us a returned payment fee of $25.00, or any higher amount allowed by law at the time of dishonor, if you make any payment that is returned or dishonored for any reason. Only one returned payment fee will be charged for any monthly payment that you make. In addition, as of any regular due date, with our written consent, you may defer an unpaid payment, and extend the maturity date of this note by a corresponding period. Subject to any limits imposed by applicable law, you agree to pay us a fee for any such deferment in the amount disclosed to you at the time you request any deferment. Credit life, credit disability and involuntary unemployment insurance are not required to get credit, and won’t be provided unless you sign and agree to pay the additional cost. You may purchase 1 or more of these coverages at your option. <table> <tr> <th>Credit Life</th> <th></th> <th>I want credit life insurance.</th> <th>Signature ________________</th> </tr> <tr> <td>☐ Single ☐ Joint Coverage</td> <td>$ NONE</td> <td>I also want joint credit life insurance.</td> <td>Signature __________________</td> </tr> <tr> <th>Credit Disability</th> <th></th> <th>I want credit disability insurance</th> <th>Signature ________________</th> </tr> <tr> <td>☐ Single ☐ Joint Coverage</td> <td>$ NONE</td> <td>I also want joint credit disability insurance.</td> <td>Signature __________________</td> </tr> <tr> <th>Involuntary Unemployment</th> <th>$ NONE</th> <th>I want involuntary unemployment insurance.</th> <th>Signature __________________</th> </tr> </table> Property Insurance. You may buy property insurance from anyone you want or you may furnish property insurance through existing policies owned or controlled by you at any point during the term of your loan. If you get single interest auto property insurance through us for a term of N/A months, you will pay $NONE. If you get dual interest property insurance through us for a term of N/A months, you will pay $NONE. I want ☐ single interest auto ☐ dual interest property insurance through us. Signature _________________________ GAP (Debt Cancellation) Contract. The purchase of a GAP Contract is not required to get credit and won’t be provided unless you sign and agree to pay the additional cost. A GAP Contract is not insurance and it does not eliminate your obligation to insure the motor vehicle as required by Oklahoma law. If you get a GAP Contract from us, the cost is shown in item 9 of the Itemization above. A GAP Contract won’t be provided unless you sign and agree to pay the additional cost. I want to buy a GAP Contract from us. Signature ____________________________________________ You grant us a security interest in the following property, all parts, accessories, and equipment now or later added to the property, and all proceeds of any of the foregoing (collectively, the Property). We give up any right we have (now or later) to consider collateral you give us for another obligation as collateral for this note unless it is described in this note. ☐ Motor Vehicle(s) described as follows <table> <tr> <th>NEW OR USED</th> <th>YEAR AND MAKE</th> <th>NO. CYL</th> <th>SERIES NAME (Also No. if applicable)</th> <th>BODY, TYPE & MODEL NO. (If truck, tons capacity)</th> <th>IDENTIFICATION NO. (Serial or Motor No.)</th> </tr> <tr><td colspan="6"></td></tr> <tr><td colspan="6"></td></tr> <tr><td colspan="6"></td></tr> <tr><td colspan="6"></td></tr> </table> ☐ Personal Property. See attached Schedule A, which is part of this note, for more detail. You promise that: you are the owner of the Property and, if there is a certificate of title to the Property, you will promptly deliver the certificate to us; you will not sell, lease or otherwise dispose of the Property without our prior written consent; you will keep the Property in this state, unless the Property is a motor vehicle, in which case you only will use it outside this state in the course of your normal use of the Property; you will not use the Property in violation of any law or in any manner inconsistent with any insurance policy; you will pay all taxes, assessments and other fees payable on the Property when they are due and payable; only we have a security interest in the Property unless you have told us in writing about another security interest; you will not permit any other security interest to be on the Property without our prior written consent; and you will keep the Property in good condition and repair and you will not permit anything to be done to the Property that would impair its value. You have a duty to notify us of any change to your address and, unless you properly notify us of an updated address, notice of default will be mailed to your address noted above. ADDITIONAL TERMS AND CONDITIONS 1. We may inspect the Property at any reasonable time. You will show us the Property or give us a written statement showing the location of the Property whenever we ask. You authorize us to file all financing statements, continuation statements and security interest filing statements with respect to the Property and you agree to sign such statements at our request. 2. You will keep the Property insured for its full value against loss or damage. If the Property is a motor vehicle, you agree to buy and maintain primary physical damage automobile insurance consisting of comprehensive and collision coverage, covering loss or damage to the Property. Your physical damage insurance policy must insure the Property for its full replacement value with a deductible amount of no more than $500. Your insurance policies must say that the insurance is payable to us to the extent of what you owe us and you must give us a loss payable clause satisfactory to us. You assign any returned or unearned insurance premiums due upon cancellation of any insurance policy to us. You direct the insurance companies to pay us all insurance proceeds and returned or unearned premiums. 3. You will be in default if: you do not make a payment on time; you are (or any other person puts you) in bankruptcy, insolvency or receivership; any credit information you gave to us or any representation you make to us in this note is materially wrong; you do not fulfill any obligation of yours in this note; or you die. Our rights and your obligations after default are limited to the extent provided by applicable law. 4. When you are in default, we may require you to pay the entire unpaid balance of this loan, less a refund or credit of the unearned insurance premiums, as if you had made payment in full in advance, in addition to any other remedies we have. You will pay any collection costs we incur, including reasonable attorney’s fees not to exceed 15% of the unpaid debt after default, actual expenses, and costs if we refer the collection of this note to an attorney who is not our salaried employee, as permitted by applicable law. 5. When you are in default, we have the rights and remedies of a secured party under Oklahoma law, including the right to repossess the Property. If the law requires us to give you notice of sale or disposition of the Property, 10 days prior notice will be reasonable notice, unless a longer notice period is required by law. The notice may be sent to your address last shown on our records. We may require you to assemble and make the Property available to us at any place convenient to both of us. If any of your possessions are in or attached to the Property at the time it is repossessed, you authorize us to take them without any liability. We will store them for you safely. We will tell you where they are stored and you may redeem them. If you do not claim your possessions within 30 days after the Property is repossessed, we may dispose of them in any manner we deem appropriate without notice to you, unless required otherwise by applicable law. 6. We can waive or delay enforcing any of our rights without losing them. We can waive or delay enforcing a right against one of you without losing it as to the other. We can release one of you without releasing the other. You consent to extensions of time without notice. 7. Oklahoma law and federal law govern this note. If any part of this note is unenforceable, this will not make any other part unenforceable (subject to the paragraph below titled Other Agreements). You won’t be required to pay interest or charges in excess of those permitted by law. In addition, if any provision of this note is contrary to the rights and protections afforded to any “covered borrower” as defined in the Military Lending Act, such contrary Military Lending Act Disclosures: THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER OF THE MILITARY OR A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER. Mariner Finance, LLC appreciates your and your family’s service to our country. As an active duty member of the military (or dependent of an active duty military member), the Federal Military Lending Act (“MLA”) provides you with certain protections. Please see below for important information about your loan. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Please also call 1-877-299-3124 to receive your MLA disclosures over the phone. READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS: • YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT. • IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY. • YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN ANY OTHER CONSOLIDATED PROCEEDING. • YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER THE NOTE DATE. The below Arbitration Agreement does not apply to any “covered borrower” as defined in the Military Lending Act. By signing this note, you agree to this Arbitration Agreement (Agreement). This Agreement is part of your note. In this Agreement, “you,” “we,” “us,” and “our” include subsidiaries, affiliates, agents, employers, successors, and assigns. Arbitration Agreement. You or we may elect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court. You waive any right you have to resolve a Claim between you and us in court. You waive any right you have to participate as a class representative or class member. Claim. Claim means any claim or dispute, whether arising in law, equity, or otherwise, and regardless of the type of relief sought arising from or relating to your application for credit, the note, the origination, servicing and enforcement of the obligation, any insurance contract or warranty or other product or service you buy, and any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial claims, counterclaims, cross-claims, and third-party claims. Claim also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation and ordinance. “Claim” does not include any dispute or controversy about the validity, enforceability or scope of this Agreement or any part thereof(including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the “Other Agreements” section set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. Any dispute or controversy that concerns the validity, enforceability or scope of the note as a whole is for the arbitrator, not a court, to decide. Small Claims. You and we retain the right to seek individual relief in small claims court so long as the Claim is only in that court and is within that court’s jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is transferred, removed, or appealed to a different court. Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: (a) self-help remedies (such as repossession), (b) foreclosure, replevin, garnishment, (c) any individual action in court by one party to prevent the other party from using a self-help remedy and that does not seek damages or monetary relief of any kind; and/or (d) public injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seek arbitration for Claims that are not excluded. Non-Waiver. Even if a Claim is brought in court, you or we may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Nothing in that litigation shall constitute a waiver of any rights under this Agreement. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association (“AAA”) or, if the AAA is not available, another arbitration organization, subject to agreement by both you and us. If you and we cannot agree, a court with jurisdiction will appoint the arbitration organization or arbitrator. You can find the rules of the AAA by visiting its website at www.adr.org. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed or appointed arbitration organization. Arbitrators must apply substantive governing law consistent with the Federal Arbitration Act and applicable statutes of limitation and privileges. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitration hearing will be conducted in the federal district where you live. The arbitration may take place somewhere else more convenient to you if required by the rules of the AAA or any other agreed arbitration organization. If you and we agree, the arbitration can be conducted by telephone. We will advance and/or pay any fees and costs required by the rules of the AAA or any other agreed or appointed arbitration organization to ensure this arbitration agreement is enforceable. You and we will each pay our own attorney’s fees and witness and experts’ expenses, except as otherwise required by the note, applicable law or this Agreement. The arbitration award must be in writing. Any award must be kept confidential. The arbitrator’s decision is final and binding. You and we have a limited right to appeal as permitted under the Federal Arbitration Act or the rules of the AAA (or the rules of any other agreed or appointed arbitration organization if such organization conducts the arbitration). No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Agreement. 30 Days to Resolve Claims. Before you start an arbitration, you agree to write to us at our address below (or any changed address that we have provided to you in writing) and give us a reasonable opportunity to resolve your Claim. Your letter must tell us your name and account number, describe your Claim, including the dollar amount of your Claim, and describe any other information you need from us. Before we start an arbitration, we must write to you at your address at the top of the note (or any changed address that you have told us about in writing), describe our Claim, including the dollar amount of our Claim, and give you a reasonable opportunity to resolve the Claim. We each have 30 days from receipt of notice to resolve the Claim before starting an arbitration. Applicable Law. This Agreement relates to a credit transaction involving interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and only in the event and to the limited extent that the Federal Arbitration Act does not apply, the law of the state governing your note will apply. CLASS ACTION WAIVER. OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND WE AGREE THAT IF ARBITRATION IS ELECTED, ONLY AN ARBITRATOR MAY RESOLVE CLAIMS. YOU AGREE NOT TO BRING OR PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION IN COURT OR IN ARBITRATION OR IN ANY OTHER CONSOLIDATED PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. ANY CLAIM BETWEEN YOU AND US MUST BE RESOLVED ON AN INDIVIDUAL BASIS. ARBITRATION IS NOT AVAILABLE AND WILL NOT BE CONDUCTED ON A CLASS-WIDE OR CONSOLIDATED BASIS. Other Agreements. If any part of this Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, then this Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver; and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. This Agreement will survive the termination of the note, regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under the note and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the note, on the other hand, this Agreement shall govern. Except as otherwise stated in this Agreement, either you or we can compel arbitration in any court proceeding, regardless of which party filed suit. Either you or we can enforce an arbitration award. This Agreement does not stop you from filing a complaint with a federal, state, or local regulator. Rejection of Agreement. You may reject this Agreement by sending us a rejection notice at 8211 Town Center Drive, Nottingham, MD 21236 (and no other location) within 60 days after the date of the note. The notice must include a statement that you reject the Agreement, and your name, address, telephone number, and account number. You must sign the rejection notice in order for it to be effective. Rejection of this Agreement will not affect any other provision of the note. You received a completely filled in copy of this note before you signed it. This note (all 4 pages), including any insurance policies or documentation referenced in this note (all of which are incorporated by reference), and Schedules A and B (if any) is your entire agreement with us and cannot be changed except in writing signed by us. Pages 3 and 4 contain an arbitration agreement that is part of this note. By signing below, you agree to all of the terms of this note and you authorize us to order credit reports on you from time to time. You ask us to make the payments listed in the Itemization of Amount Financed on page 1 and on Schedule B (if any). _________________________________________ ________________________________ (WITNESS) (BORROWER) _________________________________________ ________________________________ (WITNESS) (BORROWER) _________________________________________ ________________________________ (WITNESS) (BORROWER) _________________________________________ ________________________________ (WITNESS) (NON-OBLIGOR) _________________________________________ ________________________________ (WITNESS) (NON-OBLIGOR) □ The following notice applies if this box is checked: 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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBY. The within instrument or agreement is pledged as collateral to Wells Fargo Bank, N.A