TTCU Federal Credit Union v. Jennifer Nalanga and Michael Nalanga

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA TTCU FEDERAL CREDIT UNION, Plaintiff, v. JENNIFER NALANGA and MICHAEL NALANGA Defendants. Case No. CJ-2026-01139 PETITION KELLY M. GREENOUGH Plaintiff, TTCU Federal Credit Union ("TTCU"), by its attorneys, Charles R. Swartz and Christopher R. Kemp, of Robinett, Swartz & Duren, for its claims against the Defendants, Jennifer Nalanga and Michael Nalanga, allege the following: 1. Plaintiff is a credit union with its principal place of business in Tulsa, Oklahoma. 2. Defendants are citizens of Oklahoma. 3. The agreement sued upon in this action was executed and breached in Tulsa County, Oklahoma. 4. On or about December 17, 2019, Defendants executed a note and contract that was assigned to TTCU. See attached "Exhibit A". 5. Defendants are in default under the terms of the note by failing to make payments as agreed. 6. Plaintiff repossessed the collateral securing the agreement and sold same in a commercially reasonable manner and provided all notices required by law. 7. There is currently due to the Plaintiff on the subject note, the principal sum of $12,837.23 with interest accruing on the principal balance at the rate of 7.24% per annum, until paid, the costs of this action, accrued and accruing, and a reasonable attorney's fee. 8. Plaintiff requests that upon entry of judgment herein in favor of the Plaintiff, that the Court also enter an Order directing the Oklahoma Employment Security Commission ("OESC") to produce information in its possession concerning the employment of the judgment debtor(s) for the preceding four quarters, upon service of a certified copy of said Order on the OESC in accordance with 40 I.S. § 4-508(D). Plaintiff further requests that the Order direct the OESC to produce the requested information within 35 days from the date of service of the Order, pursuant to 40 O.S. § 4-508(D). 9. Pursuant to Title 15 U.S.C. § 1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty-five days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty-five day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty-five day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. The law does not require me to wait until the end of the thirty-five day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the petition is to be filed in this action within 35 days, you may obtain an extension of that time. Furthermore, no request will be made to the Court for a judgment until the expiration of thirty-five days after your receipt of this petition and summons. However, if you request proof of the debt or the name and address of the original creditor within the thirty-five day period that begins with your receipt of this petition and summons, the law requires me to cease my efforts (through litigation or otherwise) until I mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. This is an attempt to collect a debt (with the exception of a discharged debt in bankruptcy) and any information obtained will be used for that purpose. WHEREFORE, Plaintiff TTCU Federal Credit Union requests judgment against the Defendants, Jennifer Nalanga and Michael Nalanga, for the principal sum of $12,837.23, with interest accruing on the principal balance at the rate of 7.24% per annum, until paid; the costs of the action, accrued and accruing, and a reasonable attorney’s fee, as well as all other and further relief to which the Plaintiff may be entitled. Plaintiff further requests that upon entry of judgment, the Court also enter an Order directing the Oklahoma Employment Security Commission to produce employment information on the judgment debtor(s), as more fully set out above. Respectfully submitted, ROBINETT, SWARTZ & DUREN By: Charles R. Swartz, OBA No. 22313 Christopher R. Kemp, OBA No. 31115 624 S. Boston Avenue, Suite 900 Tulsa, Oklahoma 74119 Telephone: (918) 592-3699 Facsimile: (918) 592-0963 [email protected] Attorneys for Plaintiff TTCU Federal Credit Union DocuSign Envelope ID: 08CF011F-C5A1-4B30-BA84-9FEC2A3F98E2 TTCU Federal Credit Union P.O. Box 477550 Tulsa, OK 74147-7550 Non-Applicants Providing Security Loan Number: 313768 - L18 Loan Amount: $49,681.50 Loan Date: 12/17/2019 Maturity Date: 1/25/2035 "B" Includes each borrower above, jointly and severally. "You" means the lender, its successors and assigns. I promise to pay you, or to your order, at your address above, the principal sum of forty nine thousand six hundred eightyone & 50/100 Dollars $49,681.50 plus interest from 12/17/2019 at the rate of 7.240% per year until paid in full. I will pay this amount as follows: (a) □ on demand (b) □ on demand, but if none is made, on _______________________ (c) ☑ on 1/25/2035 if (a), (b), (c) is marked, I will pay accrued interest __________ Monthly __________ and on the maturity date. (d) ☑ in 180 * installments of $458.63 each beginning 2/25/2020 and continuing on the same date of each month $458.63 thereafter until paid in full. (o) ☑ other if a single payment, monthly requirements do not apply. PAYMENTS: Interest accrues on the unpaid balances of principal remaining from time to time. Each payment when made will first be applied to accrued interest, and the balance to principal. The actual amount of the final payment will depend upon my payment record. PREPAYMENT: I may prepay this note in whole or in part at any time. However, any partial prepayment will not excuse any later scheduled payments until this note is paid in full. ☐ If checked, I agree to pay a minimum interest charge of $ N/A if I pay this loan off before you have earned that much in interest. DEFAULT: I agree to pay reasonable attorney's fees, not in excess of 15% of the unpaid debt, you incur if you hire an attorney to collect this note in the event of my default, plus any other costs you incur to realize upon any security. However, you are not entitled to attorney's fees with respect to certain supervised loans except as awarded by a court in accordance with other statutes of this state. ☐ If checked, interest will accrue at the rate of N/A % per year on the balance of this note not paid at maturity, including maturity by acceleration. ☐ If checked, I agree to pay a fee of $ N/A for each check, negotiable order of withdrawal of draft issued in connection with this loan that is returned because it has been dishonored. THE PURPOSE OF THIS LOAN IS: RIBEP BOAT <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>AMOUNT FINANCED</th> <th>TOTAL OF PAYMENTS</th> <th>I have the right to receive at this time an itemization of the Amount Financed</th> </tr> <tr> <td>The cost of my credit as a yearly rate<br>7.240%</td> <td>The total amount the credit will cost me<br>$32,489.61</td> <td>The amount of credit provided to me or on my behalf<br>$49,681.50</td> <td>The amount I will have paid when I have made all scheduled payments<br>$82,171.01</td> <td> ☐ YES - I want an itemization<br> ☐ NO - I do not want an itemization </td> </tr> </table> <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> <th>* If single pay monthly requirements do not apply</th> </tr> <tr> <td>178</td> <td>$458.63</td> <td>First Payment Due: 2/25/2020 and monthly beginning this date</td> <td>"e" means an estimate</td> </tr> <tr> <td>1</td> <td>$398.44</td> <td>Last Payment Due 1/25/2035</td> <td>$ Fees</td> </tr> </table> This note has a demand feature. This note is payable on demand and all disclosures are based on an assumed maturity of one year. Security: I am giving a security interest in: ☑ The goods or property being purchased 2019 NITRO Z2I PRO DC ☑ Collateral securing other loans with you may also secure this loan. 7J514TM29KB001194 ☑ My share accounts and other rights to the payment of money from you. Late Fee: If a payment is late I may be charged the lesser of $10.00 or 5% of the payment. Prepayment: If I pay off this loan early, I may ☑ will not have to pay a penalty. may ☑ will not be entitled to a refund of part of the finance charge. I can see my contract documents for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Insurance: Debt Protection is not required to obtain credit, and will not be provided unless I sign and agree to pay the additional cost SEE SEPARATE DISCLOSURE Property Insurance - I may obtain property from anyone I want that is acceptable to TTCU <table> <tr> <th colspan="2">Itemization of Amount Financed</th> </tr> <tr> <td>Amount given to me directly</td> <td>$5.00 (a)</td> </tr> <tr> <td>Amount paid on my account</td> <td>$0.00 (b)</td> </tr> <tr> <td>Amounts paid to others on my behalf</td> <td></td> </tr> <tr> <td>1. $1,910.70</td> <td>$49,646.50 (c)</td> </tr> <tr> <td>2. $190.105</td> <td>$30.00 (d)</td> </tr> <tr> <td>3.</td> <td>(e)</td> </tr> <tr> <td>4.</td> <td>(f)</td> </tr> <tr> <td>5.</td> <td>(g)</td> </tr> <tr> <td>Prep'd Finance Charge</td> <td>N/A (h)</td> </tr> <tr> <td>AMOUNT FINANCED (a through g)</td> <td>49,681.50 (i)</td> </tr> </table> Security - To secure the payment of the note total (defined on page 2) (1) I acknowledge and agree that you have the right to set-off this note against any obligation you have (now or hereafter) to pay money to me. (2) You may collect the proceeds (or rebates of unearned premiums) on any insurance policy insuring me (where you are named as loss payee) and on any policy insuring property securing this note. You will apply this toward what I owe you. (3) ☑ If checked, this note is not further secured by any contemporaneous agreement (except for [1] and [2] of this section). (4) ☐ If checked, this note is secured by a separate__ dated___ (5) ☑ Security Agreement - If checked, I give you a security interest in the property described below. The rights I am giving you in this property, and the obligations this agreement secures are on the second page of this agreement. 2019 NITRO BUJ8327K819 Z21 PRO DC 2019 MERCURY 2B598203 250 PRO XS 2019 TRAILSTAR TAB TRLR 7J514TM29KB001194 This property will be used for ☑ Personal ☐ Business ☐ Agricultural ☐ Other ______________ purposes If checked, this is a purchase money loan. You may include the name of the seller on the check or draft for this loan. SIGNATURES: I agree to the terms of the note and security agreement above (including those on the second page of this form) and acknowledge receipt of at least one copy on today's date Any person who signs within this enclosure does so to give you a security interest in the property described above, but assumes no personal obligation to pay this note. X_________________________ Date________ X_________________________ Date________ X_________________________ Date________ X_________________________ Date________ COSIGNERS - SEE NOTICE ON PAGE 2 BEFORE SIGNING DocuSigned: [Signature] [Signature] EXHIBIT A