IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
COMMUNICATION FEDERAL CREDIT UNION,
Plaintiff,
vs.
TASHYLA WATSON and KENNETH JOHNSON, JR.,
Defendants.
PETITION IN REPLEVIN
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FIRST CAUSE OF ACTION - REPLEVIN
COMES NOW Plaintiff, Communication Federal Credit Union (hereafter "Plaintiff"), by and through counsel of record Joshua C. Greenhaw, Thomas M. Weatherford and Breanne Stewart of Mee Hawkins Greenhaw & Cotner PLLP, and for its claims against Tashyla Watson and Kenneth Johnson, Jr. (collectively hereafter referred to as "Defendants"), alleges and states:
1. On or about July 12, 2023, Defendants, for good and valuable consideration, executed and delivered to David Stanley Chevrolet, a Retail Installment Sale Contract and Security Agreement (hereafter the "Contract"), in the amount of $38,909.00.
2. As part of Contract, and to secure the payment of the amounts owed pursuant to said Contract, Defendants granted to David Stanley Chevrolet, a security interest in a 2019 Infiniti QX60 (VIN: 5N1DL0MMXKC563804) (hereafter the "Vehicle").
3. Said Contract was subsequently assigned to Plaintiff and Plaintiff is the current owner and holder thereof and is the current creditor. A true and correct copy of the Contract is attached hereto as Exhibit “A”.
4. Under the terms of said Contract, Defendants agreed to make payments to Plaintiff as set out therein.
5. Defendants did not pay said Contract in accordance with the terms thereof and are in default.
6. As of August 20, 2024, after credit for all payments and offsets, the balance due under Contract was $38,836.89. Interest and fees continue to accrue on the unpaid balance at the rate of $11.05 per diem, until paid, pursuant to Contract.
7. Under the terms of Contract and under the Uniform Commercial Code, Plaintiff has a special interest in the Vehicle and the right to the immediate and permanent possession of said Vehicle.
8. Defendants may claim an interest in the Vehicle, but Plaintiff alleges that any interest claimed by Defendants is subject to and inferior to the interest of the Plaintiff in the Vehicle.
9. Upon information and belief, Defendants are in actual possession of said Vehicle, which Plaintiff believes is located in Oklahoma County, Oklahoma. Defendants have not permitted Plaintiff to take possession thereof.
10. The actual value of said Vehicle is unknown to this Plaintiff, but Plaintiff believes the approximate value of said Vehicle to be $16,164.00.
11. The aforementioned Vehicle was not taken in execution on any order or judgment against said Plaintiff, or for the payment of any tax, fine or amercement assessed against it, or by
virtue of an Order of Delivery issued, or any other mesne or final process issued against said Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant judgment for an Order of Delivery (Writ of Replevin) for the Plaintiff against the Defendants for the permanent possession of the Vehicle pursuant to 12 O.S. § 1583.
Plaintiff further requests judgment decreeing that Plaintiff’s interest in said Vehicle is senior and prior to the interest of the Defendants in said property, for costs of the action, and a reasonable attorneys’ fee.
Plaintiff further requests judgment pursuant to 12 O.S. § 1582 that, should the Defendants refuse to grant possession of the Vehicle to Plaintiff, the Sheriff of Oklahoma County, or any other county in Oklahoma where the Vehicle may be found, shall be authorized to break open any property or enclosure in which the Vehicle is concealed after first demanding entry thereto.
SECOND CAUSE OF ACTION – MONEY JUDGMENT
For its second cause of action, Plaintiff alleges and adopts all statements made in its first cause of action, and in addition thereto, alleges and states:
12. Due to Defendants’ default, Plaintiff has declared the entire balance due under the terms of Contract in the principal amount of $37,509.23, together with interest in the amount of $1,211.66, plus interest continuing to accrue from and after August 20, 2024, at the contractual rate of $11.05 per diem, until paid, fees/charges in the amount of $116.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract.
WHEREFORE, Plaintiff requests that the Court grant judgment pursuant to its second cause of action as follows:
A money judgment for Plaintiff, against the Defendants, jointly and severally, in the sum of $37,509.23, together with interest in the amount of $1,211.66, plus interest continuing to accrue
from and after August 20, 2024, at the contractual rate of $11.05 per diem, until paid, fees/charges in the amount of $116.00, costs of the action, and a reasonable attorneys’ fee, all as provided by the Contract.
Plaintiff further requests that any judgment herein be deemed a final judgment pursuant to 12 O.S. § 994 (OSCN 2024), and for any other relief to which it is entitled.
Respectfully submitted,
[signature]
BREANNE STEWART, OBA #35747
[email protected]
THOMAS M. WEATHERFORD, OBA #30766
[email protected]
JOSHUA C. GREENHAW, OBA #19111
[email protected]
MEE HAWKINS GREENHAW & COTNER PLLP
50 Penn Place
1900 NW Expressway, Suite 1400
Oklahoma City, OK 73118
Telephone: (405) 646-6784
Facsimile: (405) 848-9101
ATTORNEYS FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
VERIFICATION
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
I, Tammy Warren, of lawful age, being first duly sworn, on this 27th day of October, 2024, depose and say:
That I am an employee of the Plaintiff in the above-referenced cause; that I have read the above and foregoing Petition and have personal knowledge thereof; that I know the contents thereof and that the statements therein made are true and correct to the best of my knowledge and belief. I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct.
TAMMY WARREN
Buyer Name and Address (Including County and Zip Code)
TASHYLA WATSON
Co-Buyer Name and Address (Including County and Zip Code)
KENNETH JOHNSON JR
Seller-Creditor (Name and Address)
DAVID STANLEY CHEVROLET
614 S.W. 74TH
OKLAHOMA CITY OK 73139
Cell:
Email:
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Seller - Creditor (sometimes "we" or "us" in this contract), the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
<table>
<tr>
<th>New/Used</th>
<th>Year</th>
<th>Make and Model</th>
<th>Odometer</th>
<th>Vehicle Identification Number</th>
<th>Primary Use For Which Purchased</th>
</tr>
<tr>
<td>USED</td>
<td>2019</td>
<td>INFINITI QX60</td>
<td>26424</td>
<td>5N1DL0MMXKC563804</td>
<td>Personal, family, or household unless otherwise indicated below<br>☐ business<br>☐ agricultural<br>☐ N/A</td>
</tr>
</table>
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE</th>
<th>Amount Financed</th>
<th>Total of Payments</th>
<th>Total Sale Price</th>
</tr>
<tr>
<td>The cost of your credit as a yearly rate.</td>
<td>The dollar amount the credit will cost you.</td>
<td>The amount of credit provided to you or on your behalf.</td>
<td>The amount you will have paid after you have made all payments as scheduled.</td>
<td>The total cost of your purchase on credit, including your down payment of $<span>1500</span>.00 is $<span>55967</span>.40</td>
</tr>
<tr>
<td>10.74 %</td>
<td>$15558.40</td>
<td>$38909.00</td>
<td>$54467.40</td>
<td>$55967.40</td>
</tr>
</table>
Your Payment Schedule Will Be: (e) means an estimate
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>78</td>
<td>$698.30</td>
<td>MONTHLY beginning 08/26/2023</td>
</tr>
<tr>
<td>N/A</td>
<td>$N/A</td>
<td>N/A</td>
</tr>
</table>
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $29.00 or 5% of the part of the payment that is late, whichever is greater.
Prepayment. If you pay early, you will not have to pay a penalty.
Security interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash Price (including $N/A sales/excise tax) $34800.00(1)
2 Total Downpayment =
Trade-in N/A
(Year) (Make) (Model)
Gross Trade-In Allowance $N/A
Less Pay Off Made By Seller to N/A $N/A
Equals Net Trade In $N/A
+Cash $1500.00
+Other N/A $N/A
+Other N/A $N/A
+Other N/A $N/A
(If total downpayment is negative, enter “0” and see 4! below) $1500.00(2)
3 Unpaid Balance of Cash Price (1 minus 2) $33300.00(3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts):
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies.
Life $N/A
Disability $N/A $N/A
B Vendor’s Single Interest Insurance Paid to Insurance Company $N/A
B Vendor's Single Interest Insurance Paid to Insurance Company $ N/A
C Other Optional Insurance Paid to Insurance Company or Companies $ N/A
D Optional Gap Contract NSD GAP $ 1200.00
E Official Fees Paid to Government Agencies
toN/A toN/A $ N/A
toN/A toN/A $ N/A
toN/A toN/A $ N/A
F Government Taxes Not Included in Cash Price $ N/A
G Government License and/or Registration Fees N/A
FILING/LIEN$10 $ 10.00
H Government Certificate of Title Fees $ N/A
I Other Charges (Seller must identify who is paid and describe purpose.) for Prior Credit or Lease Balance $ N/A
toPORTFOLIO toVSC $ 3900.00
toDAVID STANLEY CHE toDOC FEE $ 499.00
toN/A toN/A $ N/A
toN/A toN/A $ N/A
toN/A toN/A $ N/A
toN/A toN/A $ N/A
toN/A $ N/A
toN/A $ N/A
toN/A $ N/A
toN/A $ N/A
toN/A $ N/A
toN/A $ N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $ 5609.00 (4)
5 Amount Financed (3 + 4) $ 38909.00 (5)
N/A
□ N/A Type of Insurance Term
Premium $ N/A
Insurance Company Name N/A
N/A Home Office Address N/A
N/A
Other optional insurance is not required to obtain credit. Your decision to buy or not buy other optional insurance will not be a factor in the credit approval process. It will not be provided unless you sign and agree to pay the extra cost.
I want the insurance checked above.
X N/A Buyer Signature Date
X N/A Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge of $ 25.00 if any check you give us is dishonored.
☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI Insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI Insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI Insurance is obtained. If you elect to purchase VSI insurance through the Creditor, the cost of this insurance is $ N/A and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the Initial term of the contract. Any insurer issuing VSI Insurance waives its rights to subrogation against the Buyer.
OPTION: □ You pay no finance charge if the Amount Financed, Item 5, is paid in full on or before N/A Year N/A . SELLER'S INITIALS N/A
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract.
Term 78 Mos. NSD GAP Name of Gap Contract
I want to buy a gap contract
Buyer Signs: [signature]
Co-Buyer Signs: [signature]
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding. Buyer Sign: [signature] Co-Buyer Sign: [signature]
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs: [signature] Date 07/12/23 Co-Buyer Signs: [signature] Date 07/12/23
Buyer Printed Name TASROYA WATSON Co-Buyer Printed Name KENNETH JOHNSON JR
Co-Buyer Printed Name N/A Title N/A
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name _______ Title _______
Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. Other owners sign here: X N/A
to DAVID STANLEY CHE to DOC FEE $499.00
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
to N/A to N/A $N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $5609.00 (4)
5 Amount Financed (3 + 4) $38909.00 (5)
X N/A
Co-Buyer Signature N/A
Date
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
Returned Check Charge: You agree to pay a charge of $25.00 if any check you give us is dishonored.
☐ VENDOR'S SINGLE INTEREST INSURANCE (VSI insurance): If the preceding box is checked, the Creditor requires VSI insurance for the initial term of the contract to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does not protect your interest in the vehicle. You may choose the insurance company through which the VSI insurance is obtained. If you elect to purchase VSI insurance through the Creditor, the cost of this Insurance is $N/A and is also shown in Item 4B of the Itemization of Amount Financed. The coverage is for the initial term of the contract. Any insurer issuing VSI insurance waives its rights to subrogation against the Buyer.
OPTION: ☐ You pay no finance charge if the Amount Financed, item 5, is paid in full on or before N/A , Year N/A . SELLER'S INITIALS N/A
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract.
Term 78 Mos. NSD GAP Name of Gap Contract
I want to buy a gap contract.
Buyer Signs X
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding.
Buyer Signs X Co-Buyer Signs X
If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
See back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
Buyer Signs X Date 07/12/23 Co-Buyer Signs X Date 07/12/23
Buyer Printed Name TASHYEA WATSON Co-Buyer Printed Name KENNETH JOHNSON JR
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name N/A Title N/A
Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner signs here X N/A Address N/A
Seller signs DAVID STANLEY CHEVROLET Date 07/12/23 By X Title F3F
Seller assigns its interest in this contract COMMUNICATION FEDERAL CREDIT UNION (Assignee) under the terms of Seller's agreement(s) with Assignee.
☐ Assigned with recourse ☒ Assigned without recourse ☐ Assigned with limited recourse
