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TULSA COUNTY • CJ-2025-780

Auto Advantage Finance, LLC v. Marq Alan Melrose

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s get one thing straight: this isn’t just a car repossession. This is a heist narrative written by a finance company, where the borrower didn’t just stop paying — he allegedly stole his own car. At least, that’s the dramatic spin Auto Advantage Finance, LLC is putting on it in their lawsuit against Marq Alan Melrose, a regular guy from Tulsa County who now finds himself accused of grand theft auto… of a 2018 Chevy Equinox that he technically bought. Yes, you read that right. A mid-tier SUV, more likely to haul groceries than outrun cops, is now at the center of a legal showdown involving perfected security interests, NADA valuations, and a 19.98% interest rate that could make a payday lender blush.

So who are these players in this financial drama? On one side, we’ve got Auto Advantage Finance, LLC — not a bank, not a dealership, but one of those specialty lenders that swoop in when traditional financing falls through. Think of them as the “we’ll finance anyone” corner of the auto world, often serving buyers with spotty credit or a history of financial misadventures. They’re represented by a whole legal squad from Robinson, Hoover & Fudge, PLLC — five attorneys listed, because apparently, chasing down a $19,800 debt requires a full courtroom entourage. On the other side: Marq Alan Melrose, an individual with no attorney listed, which already feels like bringing a pocketknife to a flamethrower fight. We don’t know much about Marq — no criminal record cited, no history of carjacking — but we do know he bought a used Equinox in October 2024 through Express Credit Auto, a dealership that sounds like it operates out of a strip mall next to a bail bondsman. The deal came with strings — specifically, a security interest, meaning the car wasn’t fully his until the loan was paid. That’s standard. What’s not standard? The claim that he’s now wrongfully detaining the very car he thought he was buying.

Here’s how it all went sideways. On October 3, 2024, Marq signed on the dotted line for the 2018 Equinox — a vehicle worth, according to the NADA report tucked into the filing, about $7,575 at auction. That’s right: the car is worth less than half the $19,831.89 Marq allegedly still owes. But okay, maybe there were fees, interest, add-ons, the usual financial garnish that turns a $10,000 car into a $20,000 debt. The contract gave Express Credit Auto a security interest, which they later assigned to Auto Advantage Finance — basically passing the debt like a hot potato to a company that specializes in collecting (and litigating). For a couple of months, Marq kept up with payments — the last one coming in on December 13, 2024. Then… crickets. Silence. No more money. Default status: activated.

Now, normally in this situation, the lender sends a repo man. They grab the car, sell it, and sue for the difference if the sale doesn’t cover the debt. But here’s the twist: Auto Advantage claims they can’t repossess the car because Marq won’t give it up. Their affidavit, signed by company rep Christopher Tate, says they’ve “attempted to recover the vehicle” but “all attempts have been unsuccessful.” They believe Marq “still possess the vehicle and is wrongfully detaining the vehicle.” Let that sink in. They’re not saying he sold it or wrecked it — they’re saying he’s hiding it, like he’s stashed the Equinox in a bunker or disguised it with fake plates and a wig. This isn’t repossession. This is replevin — a legal term that sounds like a rejected energy drink but actually means “give us back our property.” It’s a court order to physically return the car, not just pay the money. And they want it now — or at least, they want a restraining order to stop Marq from “selling, alienating, concealing, damaging, destroying, assigning, transferring or otherwise disposing of the vehicle.” That’s a lot of verbs for a guy who might just be driving his SUV to work.

So what’s actually at stake here, legally? Auto Advantage is suing under replevin, which in plain English means: “This car belongs to us, and we want it back.” They’re also asking the court to officially declare that they have a “first, prior, perfected and superior security interest” — legalese for “we own this car more than anyone else does.” Then comes the money part: a judgment for $19,831.89 in principal, plus interest at nearly 20% per year (which, let’s be real, is insane — credit card companies would weep with envy), plus attorney fees, court costs, and whatever else they can tack on. The total demand? $19,831.89 — but with that interest rate, it’s only going up. And remember: the car itself is worth about $7,600 at auction. So even if they get the car back and sell it, they’re still out over $12,000. Which raises the question: why not just sue for the money and be done with it? Why the dramatic “wrongful detention” claim? Maybe because replevin lets them seize the car before trial — like a legal version of a repo with a judge’s blessing. It’s faster, harder to fight, and makes for a better story.

Now, let’s talk about that $19,831.89. Is it a lot? In the world of civil lawsuits, it’s not exactly a fortune — no yachts or private islands at stake. But for an average person in Tulsa, it’s a massive sum. That’s two years of rent in some parts of the city. That’s a down payment on a new car. And yet, they’re claiming this debt on a vehicle that, by their own valuation, is worth less than 40% of what’s owed. Either the loan was wildly inflated, or Marq missed only a few payments and they’re demanding the full balance. Or — and this is the real story — this is how subprime auto lending works: you buy a used car, the lender marks up the price, slaps on sky-high interest, and the moment you miss a payment, they come after you for way more than the car is worth. And if you don’t hand over the keys? They accuse you of theft.

Our take? The most absurd part isn’t that someone defaulted on a car loan — that happens every day. It’s that a finance company is framing non-payment as theft. Marq Melrose didn’t break into a dealership. He didn’t hotwire a car. He bought a vehicle under a contract, stopped paying, and now he’s being accused of “wrongfully detaining” it like he’s some kind of automotive outlaw. If he’s driving it, yes, they may have the right to repossess. But calling it “wrongful detention” makes it sound like he kidnapped the Equinox and is holding it for ransom. And let’s not ignore the irony: the car is worth less than half the debt, yet they want both the car and the money. That’s like a landlord demanding you return the apartment keys and pay the next five years of rent because you were one month late.

We’re not rooting for debt evasion. But we’re also not buying the narrative that a guy with a late car payment is a criminal mastermind hiding his SUV in a secret garage. This case is less “Law & Order” and more “Used Car Lot: The Lawsuit.” And honestly? We’re just here waiting for the deposition where someone has to explain why a 2018 Equinox is worth $19,831.89. Spoiler: it’s not. But in the world of subprime auto finance, the math is as twisted as the terms.

Case Overview

$19,832 Demand Petition
Jurisdiction
District Court of Tulsa County, Oklahoma
Relief Sought
$19,832 Monetary
Injunctive Relief
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Replevin Auto Advantage Finance, LLC seeks to recover a 2018 Chevrolet Equinox LS from Marq Alan Melrose, alleging a secured interest in the vehicle.

Petition Text

691 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA AUTO ADVANTAGE FINANCE, LLC Plaintiff, vs. MARQ ALAN MELROSE Defendant. PETITION COMES NOW the plaintiff, by and through its undersigned attorneys, and states as follows: 1. Express Credit Auto and the defendant executed a contract on October 03, 2024 whereby the defendant purchased a 2018 CHEVROLET EQUINOX LS ("motor vehicle"). 2. The contract includes a security interest in the motor vehicle; however, plaintiff has never recovered the motor vehicle. 3. The defendant has defaulted in the payment obligations required under the contract (the last payment on the debt was received on December 13, 2024). 4. The defendant is indebted to plaintiff, as assignee, in the principal amount of $19,831.89, with interest at the contractual rate of 19.98 % per annum from January 24, 2025 through January 28, 2025 in the amount of $43.42. WHEREFORE, plaintiff respectfully prays that this Court render judgment in favor of plaintiff and against the defendant as follows: 1. That the Court issue an order that plaintiff has a first, prior, perfected and superior security interest in the vehicle; 2. That plaintiff be granted immediate possession of the vehicle, and/or for an order restraining defendant from selling, alienating, concealing, damaging, destroying, assigning, transferring or otherwise disposing of the vehicle; 3. Retention of a security interest in the motor vehicle; 4. That plaintiff be granted a money judgment for: a. The principal amount of $19,831.89; b. Prejudgment and post judgment interest at the contractual rate of 19.98 % per annum per 12 O.S. § 727.1; c. All costs of this action (12 O.S. § 928); d. A reasonable attorney fee (12 O.S. § 936); and 5. Such other relief to which plaintiff may be justly entitled. Hugh H. Fudge (OBA# 20487) Dani L. Schinzing (OBA# 32113) Emily R. Remmert (OBA# 22110) Sean A. Nelson (OBA# 30194) Keith A. Daniels (OBA# 19788) Robinson, Hoover & Fudge, PLLC P.O. Box 1748 Oklahoma City, OK 73101 (405) 232-6464 | (833) 342-0001 Toll Free [email protected] | (405) 232-6363 Fax Attorneys for Plaintiff AFFIDAVIT IN SUPPORT OF REPLEVIN I, Christopher Tate, hereby attests to the following: 1. I am an authorized representative of Auto Advantage Finance, LLC and I make this affidavit based on personal knowledge of documents kept in the ordinary course of business. 2. Express Credit Auto and Marq Alan Melrose ("buyer") executed a contract whereby the buyer purchased a 2018 Chevrolet Equinox Ls, VIN: 2GNAXHEV4J6268391 ("vehicle"). The contract expressly granted to Express Credit Auto a security interest in the vehicle and said security interest has been perfected. 3. After Express Credit Auto delivered the vehicle to the buyer, the contract, to include the security interest, was assigned to Auto Advantage Finance, LLC. 4. The buyer defaulted on the obligations required under the contract. 5. Auto Advantage Finance, LLC has attempted to recover the vehicle from the buyer, but all attempts have been unsuccessful. I believe the buyer still possess the vehicle and is wrongfully detaining the vehicle. 6. I believe the actual value of the vehicle to be equal to the NADA average value of a 2018 Chevrolet Equinox Ls in Tulsa County, Oklahoma. (See attached NADA Report) 7. The vehicle has not taken in execution on any order or judgment against Auto Advantage Finance, LLC, or for the payment of any tax, fine or amercement assessed against plaintiff, or by virtue of an order of delivery issued under Chapter 13 of Title 12 of the Oklahoma Statutes Citationized, or any other means or final process issued against said Auto Advantage Finance, LLC. 8. The buyer is indebted to Auto Advantage Finance, LLC in the principal amount of $19,831.89, with interest at the contractual rate of 19.98 % from January 24, 2025 through January 28, 2025 in the amount of $43.42. In accordance with 12 O.S. § 426, I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. I execute this affidavit on this day, 01/28/2025, in Oklahoma City, Oklahoma. Christopher Tate Representative of Auto Advantage Finance, LLC SERVICE OKLAHOMA LIEN RECEIPT VIN: 2GNAXHEV4J6268391 VEHYR: 2018 MAKE: CHEV MODEL: EQUINOX BODY: UT LIEN DEBTOR: MARQ ALAN MELROSE LIEN HOLDER ID: LH001312 AUTO ADVANTAGE FINANCE PO BOX 96329 OKLAHOMA CITY OK 73143-6329 L0026519320 AGNT #: M8804 DATE: 10/14/2024 REF#: L0026519320 Adjusted MMR/Retail Breakdown MMR 1/24/2025, Region: National 2018 CHEVROLET EQUINOX FWD.......................................................... $7,750 / $11,750 VIN: 2GNAXHEV4J6268391 *** Itemized Add/Deducts *** EQUINOX FWD........................................................................ Included Build Adjustment........................................................................ 0 Total Value without mileage.................................................. $7,750 / $11,750 Mileage adjustment (108000) miles........................................ ($180) *** Adjusted MMR/Retail $7,575 / $11,600 Auction Transactions Avg. Odometer............................................................................. 105,485 Avg. Auction Price.......................................................................... $7,575
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