25-22462-0 YL2 010
IN THE DISTRICT COURT OF GRADY COUNTY
STATE OF OKLAHOMA
JEFFERSON CAPITAL SYSTEMS LLC,
) )
) Plaintiff,
vs. ) )
TAREN OWENS, )
and ) )
CANDAS RUTH, )
Defendants. )
)
PETITION FOR INDEBTEDNESS
COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendant alleges and states as follows:
1. Defendants executed a contract with SANTANDER CONSUMER USA INC relating to the purchase of collateral with an account number ofXXXXXXXXXXXXXX1000. The contract granted a security interest in the collateral. Defendants defaulted on the obligations required under the contract. After all due credits were applied to the indebtedness owed by the defendants, there remained a balance due.
2. The indebtedness arising therefrom has been duly assigned to JEFFERSON CAPITAL SYSTEMS LLC, , Plaintiff herein.
3. Defendants remain indebted to the Plaintiff in the amount of $11,814.25. An Affidavit of Account and/or contract is attached hereto and incorporated by reference.
WHEREFORE, Plaintiff prays for Judgment against Defendants in the sum of $11,814.25, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other and further relief as to this Court may deem equitable, just and proper.
William L. Nixon, Jr., #012804
Harley L. Homjak, #019736
Gracelyn Porras Dillingham, #35852
Jenifer A. Gani, #021876
Daniela Westfahl, #36242
Mariah S. Ellicott, #36309
Benjamin F. Brackett, #36580
LOVE, BEAL & NIXON, P.C.
Attorney for Plaintiff
P.O. Box 32738
Oklahoma City, OK 73123
Telephone: 405-720-0565
E-Mail:
[email protected]
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 Skylar Martin. 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 SANTANDER CONSUMER USA account number XXX1000, (the "Account") owed by TAREN OWENS CANDAS RUTH 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, (4) the applicable rate at which interest continues to accrue on the Account, and (5) 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 02/15/2017, 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 6/16/2022."
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 04/09/2025, 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 $11,814.25."
Skylar Martin
Custodian of Records
SUBSCRIBED AND SWORN before me on APR 15 2025.
CARLY E BRIGGS
NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31, 2029
RETAIL INSTALLMENT SALES CONTRACT - SIMPLE INTEREST
BUYER(S) NAME & ADDRESS:
TIMER BIES
CINMS WM
857 NILEN HWY
NEVADA, OR 97649
SELLER/SECURED PARTY:
INTERIOR INSURES
GEO AIRE
PO BOX 2013
OKLAHOMA CITY, OK 73151
NUMBER:
DATE OF SALE:
February 15, 2017
DISCLOSURES
ANNUAL PERCENTAGE RATE:
The cost of the credit as a yearly rate.
FINANCE CHARGE:
The amount that the credit will cost.
AMOUNT FINANCED:
The amount of credit provided to Buyer or on his behalf as itemized below.
TOTAL OF PAYMENTS:
The total Buyer will have paid after Buyer has made all payments as scheduled.
TOTAL SALES PRICE:
The total cost of the purchase on credit, including a down payment of:
PAYMENT SCHEDULE WILL BE:
<table>
<tr>
<th>NO. OF REGULAR PAYMENTS</th>
<th>A.MOUNT OF PAYMENTS</th>
</tr>
<tr>
<td>71</td>
<td>Regular Payment $674.85<br>+ Final Payment $674.85</td>
</tr>
</table>
FREQUENCY OF PAYMENTS:
Monthly
FIRST AND FINAL PAYMENTS
First Payment:
3/24/17
Final Payment:
2/24/23
Prepayment: If Buyer pays off early, Buyer will not have to pay a penalty.
Late Charge: If a payment in full Buyer will be charged a late fee of $.00 or 5% of the unpaid amount of the payment, whichever is greater.
See Retail Installment Sales Contract, Security Agreement and related consumer documents for additional information about nonpayment, default, any required repurchase in full before the scheduled date, and prepayment权利and refunds.
SECURITY/COLLATERAL:
[X] The signer of the Security Agreement are giving a security interest in the following property:
USED
12 LINCOLN NAVIGATOR; WHITE
SLMJJJ3J5ACEL52996
Counter signed other sales by Seller to Buyer also secured this Contract.
Assumable Policy: Submitting Buyer's insurer [X] may, subject to certain conditions, be allowed to assume the remainder of the mortgage on the original terms. cannot assume the remainder of the mortgage.
Pen paid In Cash by Buyer: Piling Pass [X]; [ ] N/G; [ ] Non-Big Insurance: [ ] N/A
ITEMIZATION OF AMOUNT FINANCED:
<table>
<tr>
<th></th>
<th>CASH PRICE (including Accessories, Sales Tax, Service and Service Protection provided by Seller)</th>
</tr>
<tr>
<td>$500.00</td>
<td>Prior Down Payment</td>
</tr>
<tr>
<td>N/A</td>
<td>Manufacturer's Rebate</td>
</tr>
<tr>
<td>N/A</td>
<td>Oklahoma Title Fee</td>
</tr>
<tr>
<td>N/A</td>
<td>Oklahoma Dealer Fee</td>
</tr>
<tr>
<td>589.00 - Total Cash Down and Not Two-Part Total 2, 3 and 6. If amount is negative enter same positive amount on line 17</td>
<td>10% Cash Down and Not Two-Part Due: 2, 3 and 6. If amount is negative enter same positive amount on line 17</td>
</tr>
<tr>
<td>500.00</td>
<td>Invoice Payments (Enter amount from line 7 if positive number, or enter "0" if line 7 is negative)</td>
</tr>
<tr>
<td>28,431.00</td>
<td>10 Dependent Balance of Cash Price (Add lines 6 through 14)</td>
</tr>
</table>
Amount Paid to Others on Buyer's Behalf: Buyer may retain a portion of amounts designated with an asterisk: * 10 Credit Life Insurance Premium is N/A
* Disability Insurance Premium is N/A
* Other Insurance Premium is N/A
* Piling and Registration Fee to Public Official [ ] Oklahoma Tax Commission N/A
* Private Insurance $0.00
* Parking Fee $219.00
* To: $8.89
* N/A
$229.00 Total Amount Paid to Others on Behalf of Buyer [Add lines 18 through 19]
$28,660.00 TOTAL AMOUNT FINANCED (Add lines 9 and 18, Item Prepaid Finance Charge omitted on line 19)
If this Contract arises from a consumer credit sale of a used vehicle (as defined in Part 605 of Title 16 of the Code of Federal Regulations) then the information you see on the window label for this vehicle is part of this Contract. Information on the window form overrides any contrary provisions in the Contract of sale.
DISCLAIMER OF WARRANTIES:
Seller's oral or written advice about the property described herein do not constitute warranties and shall not be relied upon by Buyer. To the extent permitted by law, Seller disclaims all express and implied warranties (including without limitation, the warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE), with respect to the property sold. Provided, however, if a written warranty is provided to Buyer with this sale or Seller enter into a service contract for the property within 90 days of this Contract, the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE are disclaimed, but shall be limited in duration to the duration of the written warranty.
CREDITOR/ASSIGNEE:
CONSUMER CREDITURE INC.
PO BOX 369200
PORTLAND, OR 97236
SECURITY AGREEMENT
The undersigned grants to Seller a security interest in Collateral described in RETAIL INSTALLMENT SALES CONTRACT executed hereunder, and except as otherwise provided herein, retained [ ] Policy(s) (which is a policy of insurance issued by the named insurance company which is evidenced by Seller to Buyer; [ ] all other policies, contracts, agreements, rights, titles, interests and items of personal property of the Buyer. [ ] other Collateral as set forth herein. In any event, the Secured Obligations shall not include any funds or property owned by Seller unless such funds or property are included in the Collateral. All proceeds of any such sales, transfers, assignments, or dispositions of Collateral shall be applied first toward discharge of any Secured Obligations and then toward payment of the unpaid balance of Amount Financed and the reasonable costs incurred by Seller in connection therewith, including reasonable attorney fees, costs, and expenses of collection.
INSURANCE STATEMENT
CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE:
Insurance is not currently in force. Buyer has not been offered or is not offering any insurance as part of this Contract. Buyer may obtain insurance at any time to protect against loss under this Contract. If Buyer chooses not to obtain this type of insurance, Buyer will be responsible for any loss not covered by the insurance. Buyer acknowledges receipt of the notice of cancellation of insurance by Seller for any policy. Buyer certifies that he has read and understands the terms and conditions of the insurance policy if obtained.
Life Insurance for: [ ] Buyer [ ] Co-Buyer
Cost: [ ] $0 [ ] [ ]
Accident and Health Insurance for: [ ] Buyer [ ] Co-Buyer
Cost: [ ] $0 [ ] [ ]
Buyer declares insurance checked above:
[ ] does not desire the insurance
Date 02/15/17
Co-Buyer [ ] insurance checked above:
[ ] does not desire the insurance
Date 02/15/17
VENDOR'S SINGLE INTEREST ANCHOR OTHER CREDITOR INSURANCE may be obtained by Buyer of co-Buyer through Seller if Buyer desires this insurance. Buyer or co-Buyer must obtain and maintain such insurance if Buyer or co-Buyer is included through Seller, the cost for the term of the Contract is:
Property Insurance N/A
Vendor's Single Interest Insurance N/A
(The issuer issuing this policy waives its rights as assignee against Buyer.)
If Buyer obtains this insurance Buyer will notify Seller of the name and address of the issuer.
ADDITIONAL PROVISIONS ON REVERSE SIDE
WARRANTIES AND COVENANTS
1. Financial Information. All applications, balance sheets, earnings statements, other financial information and other representations which have been, or may hereafter be furnished to Seller/Secured Party to induce it to enter into or continue a financial transaction with Buyer have been made in the material respect at the time and for the period shown therein, and all other information given in connection therewith is believed by Seller/Secured Party to be correct, true and complete.
2. Compliance with Laws. Buyer represents that Buyer has read and understands all applicable Federal and State laws regarding credit transactions. Buyer further represents that Buyer will comply with all applicable laws and regulations governing such transactions, including without limitation, but not limited to: truth-in-lending, consumer credit protection, fair lending, fair credit reporting, due process, fair debt collection, fair housing, fair credit sales, fair credit interchange, fair credit access, fair credit scoring, fair credit reporting, fair credit repair, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit reporting, fair credit 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