IN THE DISTRICT COURT OF KINGFISHER COUNTY
STATE OF OKLAHOMA
MARINER FINANCE, LLC )
)
PLAINTIFF ) CASE NO. CS 2020-440
V. )
JORGE R. TORRES )
DEFENDANT )
PETITION
Comes now the Plaintiff, by and through counsel, and for its cause of action, states as follows:
1. On or about August 24, 2023, the above-named Defendant, JORGE R. TORRES, executed and delivered, for good and valuable consideration, a Promissory Note to Plaintiff in the amount of $6,184.08 a copy of which is attached hereto as “Exhibit A.”
2. The Defendant, JORGE R. TORRES, who resides in Kingfisher County, Oklahoma, is in default in the payment of said Promissory Note and there is immediately due and payable to Plaintiff the sum of $2,885.33.
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, JORGE R. TORRES, in the amount of $2,885.33, plus late charges in the amount of $0.00, plus reasonable attorney fees, plus pre-judgment and post-judgment interest at the contract rate of 31.9900% per annum from October 9, 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
THIS IS A SOLICITATION FOR A LOAN. READ THE ENCLOSED DISCLOSURES BEFORE SIGNING THIS AGREEMENT!
MARINER FINANCE
Fort flexible and ready to listen
BANK OF AMERICA 2102
J-169
520
Check No. 7191
Date: 07/31/2023
Pay THREE THOUSAND FIVE HUNDRED FIFTEEN AND 00/100 $3,515.00
TO THE ORDER OF
JORGE R. TORRES
711 S 9TH ST
KINGFISHER, OK 73750-3501
Check valid for 30 days from the above date. Payee's endorsement and two forms of ID required.
Authorized Signature
Account Financed: $3,515.00
PENALTY CHARGE: $2,669.08
Total of Payments: $6,184.08
ANNUAL PERCENTAGE RATE: 35.48%
Interest Rate: 31.99%
In consideration of this loan, you (jointly and severally if more than 1 borrower) suborn/ee below) promise to pay to Marner Finance, LLC (we), the Account Financed plus the $178.37 Lender Closing Fee (Prepaid Finance Charge) above at the single annual interest rate of 31.99%, in 62 monthly payments of $147.74 each, beginning one month after the date our bank pays this Check and then on the same date of each following month until paid. You agree to pay a late charge equal to this greater of %6 of the unpaid amount of the payment or $31.00, of any payment remains past due for more than 10 days after the due date, and all other charges in the Agreement.
Payable only to person whose name and address appears on Check. Check and transferable. Check void 30 days from date
NOTICE BY SIGNING AND/OR DEPOSITING OR CASHING THIS CHECK, YOU AGREE TO REPAY ALL SUMS AS STATED. DO NOT SIGN THIS BEFORE YOU READ IT. THE AGREEMENT AND THE ARBITRATION AGREEMENT OR IF ANY DOCUMENT CONTAINS ANY BLANK SPACES
PAYEE'S ENDORSEMENT REQUIRED By endorsing this Check, and/or by depositing or cashing this Check, you agree to pay this loan according to the terms of this attached Loan Agreement / (Prepayment) contained in our form #CH 911 (as represented herein by reference), and you agree to an Acknowledgement / Agreement contained in our form #AR1501A and, as herein before described, a completed fillable copies of the Agreement, the above item Agreement and the Check, and you authorize us to notify Credit Reports any you from time to time
Northeast Thomas
[Signature]
Issuer Phone #: ______________________
Word Phone #: ______________________
(cell) Phone #: ______________________
ETT
9-23-23
By providing your mobile phone number, you consent to receive informational text and voice messages to your mobile phone for promotional purposes.
Jorge R. Torres
711 S 9th St
Kingfisher, OK 73750-3501
Dear Jorge R. Torres,
Congratulations, because of your credit history, getting money is fast and easy. Simply cash the attached check! This check represents a loan to use however you wish; catch up on bills, pay household expenses, or make important purchases. To get your money, cash or deposit the check at your bank or through your bank's mobile deposit service or cash it anywhere you can cash a check.
1. Before cashing the check, read the Loan Agreement and disclosure statement on the reverse side. This letter and the Loan Agreement and disclosure statement are your Statement of Contract. Keep it for your records. Cashing or depositing this check constitutes a loan transaction that you will be expected to repay.
2. Please complete the information on the back of the check (this enables us to confirm your identity).
3. Deposit it at your bank, through your bank's mobile deposit service, or anywhere you can cash a check.
4. Once you deposit this check, you'll receive a welcome letter with your account details (account number, monthly due date and payment amount) and instructions for how to make your monthly payments.
If you do not plan on cashing this check, please destroy it. This check expires 08/30/2023.
If you need a loan in an amount different than this check, please give us a call.* Our friendly staff will be happy to assist you. You may also visit us online at www.marinerfinance.com.
Sincerely,
David Dean
David Dean
Branch Manager
You can choose to stop receiving "prescreened" offers of credit from this and other companies by calling toll-free 1-888-567-8688. See PRESCREEN & OPT-OUT NOTICE on the reverse side for more information about prescreened offers.
*We have the right to stop payment on the check if you have opened or renewed a loan with us within 60 days prior to the date of the check.
**Additional credit or other loan amounts are subject to normal lending requirements.
†If, for any reason, you are dissatisfied with your loan and repay it in full within 15 days, we will waive all finance charges with no penalties.
Your repayment amount must be in the form of cash or certified funds.
DIVULGACIÓN IMPORTANTE—ESTE ES UN PRÉSTAMO SI USTED NO PUEDE LEER EN INGLÉS, NO cobrar este cheque.
THIS IS A SOLICITATION FOR A LOAN. READ THE ENCLOSED DISCLOSURES BEFORE SIGNING THIS AGREEMENT!
Pay THREE THOUSAND FIVE HUNDRED FIFTEEN AND 00/100
TO THE ORDER OF JORGE R. TORRES
711 S 9TH ST
KINGFISHER, OK 73750-3501
Mariner Finance
Fast, flexible, and ready to listen.
$3,515.00
Check valid for 30 days from the above date. Payee's endorsement and two forms of ID required.
Authorized Signature
DIVULGACIÓN IMPORTANTE—ESTE ES UN PRÉSTAMO
SI USTED NO PUEDE LEER EN INGLÉS, NO cobrar este cheque
LOAN AGREEMENT AND DISCLOSURE STATEMENT (Oklahoma)
CREDITOR: MARINER FINANCE, LLC (we, us and ours)
8211 Town Center Drive, Nottingham, MD 21236
THIS IS A SOLICITATION FOR A LOAN.
READ THE ENCLOSED DISCLOSURES BEFORE SIGNING THIS AGREEMENT!
When you sign and/or deposit or cash the attached check (Check), you are taking a loan that is governed by this agreement (Agreement). The borrower(s) are called you in this Agreement. The name and address of the principal borrower is shown on the reverse side.
The following disclosures are required by law and are part of this Agreement:
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<td>(The cost of your credit as a yearly rate.)</td>
<td>35.48%</td>
</tr>
<tr>
<th>FINANCE CHARGE</th>
<td>(The dollar amount the credit will cost you.)</td>
<td>$2,669.08</td>
</tr>
<tr>
<th>Amount Financed</th>
<td>(The amount of credit provided to you or on your behalf.)</td>
<td>$3,515.00</td>
</tr>
<tr>
<th>Total of Payments</th>
<td>(The amount you will have paid after you have made all payments as scheduled.)</td>
<td>$6,184.08</td>
</tr>
<tr>
<th>Number of payments</th>
<td>42</td>
<th>Amount of Each Payment</th>
<td>$147.24</td>
</tr>
<tr>
<th>Due monthly,</th>
<td colspan="3">beginning one month after the date our bank pays the Check and then on the same date of each following month.</td>
</tr>
</table>
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.
Late Charge: If a payment remains past due for more than 10 days after its due date, you will pay a late charge equal to the greater of 5% of the unpaid amount of the payment or $31.00.
See below for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
Itemization of Amount Financed: $3,515.00 Amount given to you directly $178.87 Prepaid Finance Charge (Lender Closing Fee)
When you sign and/or deposit or cash the Check, you promise to pay us the Amount Financed plus the Prepaid Finance Charge at the simple annual 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 prior to maturity (whether originally scheduled or accelerated) and after judgment entered in favor of the Interest Rate. The Loan Date is the date our bank pays the Check. Your first payment is due one month after the Loan Date with all other payments due on the same date of each following month until all amounts are repaid. All payments we receive will be applied first to late or other charges, then accrued interest, then to the unpaid principal balance until it is paid in full, or in any other order we elect (as permitted by applicable law). The maturity date for this loan is the Loan Date plus the number of required payments.
You agree to pay a non-refundable Lender Closing Fee equal to $178.87.
You may prepay this loan at any time without penalty. If you prepay in part, you must still make each later payment in the original amount as it becomes due. 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.
You will be in default if you do not pay on time. When you are in default, we may declare the unpaid Principal Balance and all accrued charges due at once (additional interest will continue to accrue in accordance with applicable law). We may sue you to collect what you owe us and we may exercise other legal remedies. To the extent permitted by applicable law, you agree to pay our costs and disbursements in connection with any suit to collect this loan after your default, including reasonable attorney’s fees not to exceed 15% of the unpaid debt of an attorney not our salaried employee.
Oklahoma law and federal law govern this Agreement. If any part of this Agreement is unenforceable, this will not make any other part unenforceable. In no event will you be required to pay more interest or charges than permitted by law. Any security interest in your property that we have under any other agreement will not secure your loan.
You understand that this Agreement, the Check that is part of this Agreement and the Arbitration Agreement (Form #ARB405) that is enclosed contain your entire agreement with us and cannot be changed except in writing signed by us. You understand that by signing and/or depositing or cashing the Check, you agree to all of the terms in this Agreement, as well as to all of the terms of the Check and all of the terms of the Arbitration Agreement, and you authorize us to order credit reports on you from time to time.
YOUR COPY OF LOAN PROCEEDS CHECK (CHECK)
Payable only to person whose name and address appears on Check. Check not transferable. Check void 30 days from date.
NOTICE: BY SIGNING AND/OR DEPOSITING OR CASHING THIS CHECK, YOU AGREE TO REPAY MONIES AS STATED. DO NOT SIGN THIS CHECK BEFORE YOU READ IT, THE AGREEMENT AND THE ARBITRATION AGREEMENT OR IF ANY DOCUMENT CONTAINS ANY BLANK SPACES.
PAYEE’S ENDORSEMENT REQUIRED: By endorsing below and/or by depositing or cashing this Check, you agree to the terms of this Check and the Loan Agreement (Agreement) contained in our form OK3515 (incorporated herein by reference), and you agree to an Arbitration Agreement contained in our form #ARB405 and acknowledge receipt of completely filled in copies of the Agreement, the Arbitration Agreement and this Check and you authorize us to order credit reports on you from time to time.
In consideration of this loan, you (jointly and severally if more than 1 borrower endorses below) promise to pay to Mariner Finance, LLC (we) the Amount Financed plus a $178.87 Prepaid Finance Charge stated above at the simple annual interest rate of 31.99%. In 42 monthly payments of $147.24 each, beginning one month after the date our bank pays this Check and then on the same date of each following month until paid. You agree to pay a late charge equal to the greater of 5% of the unpaid amount of the payment or $31.00, if any payment remains past due for more than 10 days after its due date, and all other charges in the Agreement.
<table>
<tr>
<th></th>
<th>Amount Financed</th>
<td>$3,515.00</td>
</tr>
<tr>
<th>FINANCE CHARGE</th>
<td></td>
<td>$2,669.08</td>
</tr>
<tr>
<th>Total of Payments</th>
<td></td>
<td>$6,184.08</td>
</tr>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<td></td>
<td>35.48%</td>
</tr>
<tr>
<th>Interest Rate</th>
<td></td>
<td>31.99%</td>
</tr>
</table>
PRESCREEN & OPT-OUT NOTICE: This “prescreened” offer of credit is based on information in your credit report indicating that you meet certain criteria. This offer is not guaranteed if you do not meet our criteria. If you do not want to receive prescreened offers of credit from this and other companies, contact: Experian, P.O. Box 919, Allen, Texas 75013-0919; Equifax, P.O. Box 740123, Atlanta, Georgia 30374-0123; or TransUnion, P.O. Box 505, Woodlyn, Pennsylvania 19094-0505. Or, you may notify all three agencies by calling toll free 1-888-567-8688 or go to the website http://www.optoutprescreen.com.
<table>
<tr>
<th>Borrower’s Signature</th>
<th>Work Phone #</th>
<th>Home Phone #</th>
<th>Cell Phone #</th>
<th>Date</th>
<th>Email Address</th>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</table>
By providing your mobile phone number, you consent to receive informational text and voice messages to your mobile phone for transactional purposes
EXHIBIT B
IN THE DISTRICT COURT OF KINGFISHER COUNTY
STATE OF OKLAHOMA
MARINER FINANCE, LLC )
) ) PLAINTIFF )
V. ) CASE NO. ________________
JORGE R. TORRES ) )
DEFENDANT )
AFFIDAVIT AS TO MILITARY STATUS
Commonwealth of Kentucky
County of Kenton
I, Patricia Black, state that I am a paralegal for B and B Attorneys, PLLC and am authorized to make this affidavit on its behalf in this case.
I have reviewed the Department of Defense website: https://scra.dmdc.osd.mil/scra to determine the Defendant’s military status.
As of the date of this affidavit, the Defendant, JORGE R. TORRES, is not in the military service and is not under any disability as defined in the Servicemember’s Civil Relief Act of 2003.
Pursuant to 28 U.S.C. § 1746 and 12 O.S. § 426, I state under penalty of perjury that the foregoing is true and correct.
Executed on: March 19, 2026
Patricia Black, Paralegal
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]
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: [REDACTED]
Birth Date: [REDACTED]
Last Name: TORRES
First Name: JORGE
Middle Name: R
Status As Of: Mar-19-2026
Certificate ID: 6BFM9JQ61JF0112
<table>
<tr>
<th colspan="5">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>
<tr>
<td colspan="4">This response reflects the individuals' active duty status based on the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="5">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>
<tr>
<td colspan="4">This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date</td>
</tr>
</table>
<table>
<tr>
<th colspan="5">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>
<tr>
<td colspan="4">This response reflects whether the individual or his/her unit has received early notification to report for active duty</td>
</tr>
</table>
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, Space 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.
