ALLY FINANCIAL, INC. v. MICHEAL SCOTT

IN THE DISTRICT COURT IN AND FOR MCCLAIN COUNTRY STATE OF OKLAHOMA ALLY FINANCIAL, INC., ) Plaintiff, ) vs. ) MICHEAL SCOTT, and ) EXTREME PRESSURE CONTROL, ) Defendants. ) NOTICE TO DEFENDANTS OF APPLICATION FOR ORDER OF DELIVERY OF SPECIFIC PROPERTY THE STATE OF OKLAHOMA, to the above-named Defendants: TO: Extreme Pressure Control 3139 S Interstate Dr. Norman, OK 73072 Michael Scott 109 S Moody Washington OK 73093 YOU ARE HEREBY NOTIFIED that an Order of Delivery of personal property described in the Petition filed in the above-entitled action is sought by Plaintiff. YOU ARE HEREBY FURTHER NOTIFIED that you have a right to object to the issuance of such an order for delivery of said property by a written response filed in this case in the District Court and a full, true and correct copy thereof served upon Plaintiff's attorneys below indicated. This written response must be filed by you within five (5) days from the date of the service upon you of the Petition and this Notice. In the event you fail or refuse to file such written response within the five (5) day period, the undersigned, Clerk of the District Court, pursuant to the authority of Title 12 O.S. 1971, Sec. 1571, as amended, will issue the order of delivery. DATED this 2 day of April, 2025. MCCLAIN COUNTY COURT CLERK Deputy Brian J. Rayment, OBA #7441 Triad Center, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone: (918) 254-0626 Facsimile: (918) 254-7048 ATTORNEYS FOR PLAINTIFF ALLY IN THE DISTRICT COURT IN AND FOR MCCLAIN COUNTY, STATE OF OKLAHOMA ALLY FINANCIAL, INC., ) Plaintiff, ) vs. ) MICHEAL SCOTT, and ) EXTREME PRESSURE CONTROL, ) Defendants. ) PETITION Plaintiff, Ally Financial, Inc., ("ALLY"), for its first cause of action against the Defendants, Michael Scott and Extreme Pressure Control, alleges and states: Jurisdiction 1. Plaintiff is a corporation duly authorized to transact business within the State of Oklahoma. 2. Defendant, Michael Scott, is an individual residing in Oklahoma City, Oklahoma County, State of Oklahoma. The vehicle which is the subject of this action is located in either Oklahoma County or McClain County, Oklahoma. The Court has jurisdiction of the subject matter hereof and the parties hereto. 3. On or about July 25, 2022, Extreme Pressure Control executed a Retail Instalment Sale Contract a copy of which is attached hereto as Exhibit "A," whereby Extreme Pressure Control contracted, covenanted, and agreed to purchase a 2022 Ram 3500, VIN #3C7WRTCL6NG289172, from Cummins Chrysler Jeep Dodge, for the amount of $64,689.00. 4. The Retail Instalment Sale Contract attached has been assigned to Plaintiff. Plaintiff’s lien is perfected as against the subject motor vehicle as reflected on Exhibit “B”. Plaintiff’s claims herein and Plaintiff’s lien have remained in existence and perfected against the subject vehicle because Defendant Michael Scott has asserted an interest in the subject motor vehicle, but any interest of Michael Scott is junior and inferior to the interest of Plaintiff. 5. Extreme Pressure Control has defaulted in the obligations owed to Ally under the contract and Plaintiff is entitled to possession of the following described vehicle: 2022 Ram 3500, VIN #3C7WRTC16NG289172 The actual wholesale book value of the collateral described above is approximately $37,775.00. 6. The provisions of the Retail Instalment Sale Contract executed by Defendant, Extreme Pressure Control, provided that in the event Debtor defaults in the payment of the indebtedness secured thereby, ail obligations secured under the terms of the contract become immediately due and payable and, therefore, Plaintiff may proceed to enforce payment of the same and exercise any and all rights and remedies contained in the security agreement or as provided by law. Default has occurred under the terms of the Retail Instalment Sale Contract and pursuant to its terms, Plaintiff hereby demands payment and immediate delivery of the goods listed above as collateral according to the terms of the contract. Plaintiff's security interest has been perfected against Extreme Pressure Control, Michael Scott and the collateral described above by the filing of a Lien Entry form with the office of the Oklahoma Tax Commission. See Exhibit “B”. By reason of Exhibits "A" and “B” attached hereto, Plaintiff claims an interest in a lien on, and the right to possession of the above-described personal property. 7. There remains due and owing to Plaintiff the sum of $56,899.49, plus interest at 9.74 percent per annum from March 31, 2025. 8. Defendant Michael Scott is in possession of the subject motor vehicle and asserts a lien therein dating back to December 21, 2024, but has not give the statutory notice to Plaintiff of his claim. Defendant Michael Scott has purportedly placed the vehicle for sale on April 1, 2025. See Exhibit “D” – Notice of Sale. However, for the reasons stated hereinafter, that sale, if it occurred, is void. 9. Defendant Extreme Pressure Control is still the owner of the subject vehicle. 10. Upon information and belief, Defendant Michael Scott did not perform the services which would have given rise to the lien asserted by Defendant Michael Scott. Even if he had, he failed to give timely statutory notice pursuant to 42 O.S. §91(A)(4) to Plaintiff and the owner of the vehicle. §91(A)(4) requires the claimant to send: a. a statement that the notice is a Notice of Possessory Lien, b. the complete legal name, physical and mailing address, and telephone number of the claimant, c. the complete legal name, physical and mailing address of the person who requested that the claimant render service to the owner by furnishing material, labor or skill, storage, or rental space, or the date the property was abandoned if the claimant did not render any other service, d. a description of the article of personal property, including a photograph if the property is Section 91 Personal Property, and the complete physical and mailing address of the location of the article of personal property, e. an itemized statement describing the date or dates the labor or services were performed and material furnished, and the charges claimed for each item, the totals of which shall equal the total compensation claimed, f. a statement by the claimant that the materials, labor or skill furnished, or arrangement for storage or rental of space, was authorized by the owner of the personal property and was in fact provided or performed, and written proof of authority to perform the work, labor or service, or that the property was abandoned by the owner if the claimant did not render any other service, and that storage or rental fees will accrue as allowed by law, and g. the signature of the claimant which shall be notarized and, if applicable, the signature of the claimant’s attorney. If the claimant is a business, then the name of the contact person representing the business must be shown. In place of an original signature and notary seal, a digital or electronic signature or seal shall be accepted. A copy of the notice that was sent the same day as the notice of sale by Michael Scott clearly reflects that the notice was sent on or after March 20, 2025, of the purported lien. See Exhibit “C” – Notice of Possessory Lien. 11. Pursuant to 42 O.S. Section 91(A)(3), the claim of Michael Scott is subordinate to the interest of the Plaintiff. 42 O.S. Section 91(A)(3) provides in part: 3. This special lien shall be subordinate to any perfected security interest unless the claimant complies with the requirements of this section. Michael Scott did not provide an itemized statement describing the date or dates the labor or services were performed and material furnished. He did not provide a statement that the materials, labor or skill furnished, or arrangement for storage or rental of space, was authorized by the owner. His notices were not notarized. Michael Scott did not comply with Section 91. 12. The Better Business Bureau has Michael Scott listed as the CEO of the Defendant owner of the vehicle, Extreme Pressure Control. See Exhibit "E". 13. The property listed above as collateral was not taken in execution on any order or judgment against Plaintiff or for the payment of any tax, fine, or amercement assessed against it or by virtue of an order of delivery issued under the Replevin law of the State of Oklahoma or any other mesne or final process issued against said Plaintiff. 14. By virtue of the nature of the personal property described herein, it may easily be concealed, removed, damaged, destroyed, encumbered, mortgaged, or alienated, and Plaintiff is fearful that Defendant, Michael Scott, may attempt to conceal, remove, damage, destroy, encumber, mortgage or alienate the property described herein. WHEREFORE, Plaintiff prays for judgment against the Defendant, Extreme Pressure Control, and the subject vehicle, in rem, in the principal sum of $56,899.49, plus interest at 9.74 percent per annum from March 31, 2025, and the costs of this action, accrued and accruing, including a reasonable attorney's fee. Plaintiff further prays that it be awarded judgment against Defendants for immediate possession and delivery of the above-described personal property and that the property be sold to satisfy the indebtedness due and owing to Plaintiff. Plaintiff further prays that an order be issued restraining Defendants, Michael Scott, from concealing, removing, damaging, destroying, encumbering, mortgaging, or alienating the personal property until such time as the Court may direct. Plaintiff further prays for a reasonable attorney's fee and the costs of this action, accrued and accruing, and for such other and further relief as this Court deems just and equitable. KIVELL, RAYMENT, & FRANCIS, PC A Professional Corporation By ____________________________ Brian J. Rayment, OBA #7441 Triad Center, Suite 550 7666 East 61st Street Tulsa, Oklahoma 74133 Telephone: (918) 254-0626 Facsimile: (918) 254-7048 ATTORNEYS FOR PLAINTIFF VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) SS. I, Brian J. Rayment, OBA #7441, being duly sworn according to law, upon his oath deposes and states: That I am the attorney for the Plaintiff named in the foregoing action; that I have read the above Petition and know the contents thereof and that the same are true and correct based upon the records of the Plaintiff. ____________________________________ Brian J. Rayment Notary Public My Commission Expires: 4-18-27 [stamp] Notary Public State of Oklahoma CYNTHIA HADLEY WAGONER COUNTY COMMISSION #03006386 Comm. Exp. 04-18-2027 RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyer Name and Address (Including County and Zip Code) J.F. HOLLON AUTO CONTROL 3508 HARMON AVE. OKLAHOMA CITY OK 73178 Co. Buyer Name and Address (Including County and Zip Code) N/A Sale-Creditor (Name and Address) CUMMINS CHRYSLER JEEP DODGE 4100 CASPER BLVD. WEATHERFORD TX 76086 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 agreement 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>Year</th> <th>Make and Model</th> <th>Odometer</th> <th>Vehicle Identification Number</th> <th>Primary Use For Some Purchased Vehicle</th> </tr> <tr> <td>NEW 2022</td> <td>DODGE TRUCK RAM 3500</td> <td>0</td> <td>3C7VRTCL6NGE299172</td> <td>N/A</td> </tr> </table> ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate FINANCE CHARGE The dollar amount of the credit with which we lend you money. Amount Financed The amount of credit provided to you or that you borrow. Total of Payments The total amount you will have paid after you have made all payments scheduled. Total Sale Price The advertised price of the purchase of your car, including taxes, title, and other fees. Your Payment Schedule Will Be: <table> <tr> <th>Number of Payments</th> <th>Amount of Payments</th> <th>When Payments Are Due</th> </tr> <tr> <td>72</td> <td>$1,194.74</td> <td>MONTHLY, beginning 09/09/2022</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 $27.00 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. Assumption Provision: See this contract for more information including information about nonpayment, default, any required registries, liens before the scheduled date and security interest. ESTIMATION OF AMOUNT FINANCED 1 Cash Price (including 5 N/A) subordinate lug ____________________________ $65610.00 (A) 2 Total Downpayment Trade-in $ N/A Cash $ N/A Other $ N/A Total Downpayment _______ $ N/A 3 less Trade-In Gross To Dealer $ N/A Less Pay Off Made by Seller N/A Equals Net Trade In $ N/A + Cash $ N/A + Other N/A Total Downpayment _______ $ N/A Total Downpayment $ N/A 4 Upfront Balance Due @ 0% N/A Unpaid Balance of Cash Price (1 minus 2) $ 64619.00 (B) 5 Other Charges Including Amounts Paid to Others on Your Behalf (See showing part of these amounts) Cost of Optional Credit Insurance Paid to Insurance Company or Companies: Cash $ N/A Credit $ N/A Other $ N/A Optional Car Card $ N/A 6 Government Fees License $ N/A Tax $ N/A Title $ 10.00 Insurance $ N/A 7 OTHER FINANCIAL LIABILITY Other Charges (seller must identify who is paid and describe purpose) Other $ N/A by Prior Credit or Lease Release $ N/A CUMMINS CHRYSLER DOC FEE $ 69.00 Other $ N/A Other $ N/A 8 Totals Other Purchase Amount $ N/A Finance Charge $ N/A Other $ N/A Total of Payments _______ $ 86021.28 (C) Amount Financed (B - D) $ 64659.00 (D) THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODIES OR PROPERTY DAMAGE CAUSED TO OTHERS. IF YOU DO NOT HAVE SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. YOU MAY SIGN AND/OR INITIAL THIS CONTRACT WITHOUT ANY INSURANCE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE extra cost. OPTION: You may reduce the amount financed, item 5, to be paid in full on delivery N/A. Year N/A. SELLETS INITIALS N/A Optional GAP Contract: This optional GAP contract is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charges. When chosen to be a gap contract, the charge is shown as item 10 of the calculation of Amount Financed. Your gap contract deal, and the terms and conditions, if provided, is a part of this contract. Term N/A Yes N/A Name of Gap Contract I want to buy a gap contract. Buyer Signs: N/A Agreement to Arbitration: By signing below, you agree that pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by mutual binding arbitration and by court action. See the Arbitration Provision for more information concerning the agreement to arbitrate. Buyer Signs: ___________________________ Date: _______________________ NO COOLING-OFF PERIOD State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales. 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 SAME AGREEMENT BETWEEN YOU AND US AS IT IS RECORDED IN THE SIGNED ORIGINAL COPY. ANY CHANGE TO THIS CONTRACT MUST BE IN WRITING AND WE MUST SIGN IT. NO oral changes are binding. ANY PART OF THIS CONTRACT IS NOT NULL, ALL OTHER PARTS REMAIN VALID. WE MAY DELAY OR REFUSE TO ENTITLE ANY OF OUR RIGHTS UNDER THIS CONTRACT WITHOUT LOSING THEM. FOR EXAMPLE, WE MAY DELAY OR REFUSE TO ENTITLE ANY OF OUR RIGHTS UNDER THIS CONTRACT WITHOUT LOSING THEM. 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 ACKNOWLEDGE THAT YOU HAD BOTH SIDES OF THIS CONTRACT, INCLUDING THE ARBITRATION PROVISION ON THE REVERSE SIDE, AND THAT YOU SIGNING THIS CONTRACT INDICATES THAT YOU RECEIVED A COMPLETELY FILLED-IN COPY WHEN YOU SIGNED IT. Buyer Sign ____________________________ Date _______________________ Buyer Purchaser ____________________________ Date _______________________ Buyer Purchaser ____________________________ Date _______________________ Co-Buyers and Other Owners. A co-buyer is a person who is responsible for paying the entire debt. Another owner is a person whose name is on the title or 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 signature ____________________________ Date _______________________ Safety message for Buyer ____________________________ Date _______________________ Co-Buyers and Other Owners ____________________________ Date _______________________ Safety message for Buyer ____________________________ Date _______________________ This contract is assigned as follows: ____________________________ (assigned under the terms of Seller's agreements with Assignees) Assignee ____________________________ Assigned Date _______________________ Assignor ____________________________ Assigned Date _______________________ EXHIBIT A OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS a. How we will figure Finance Charge. We will figure the Finance Charge on the Basis of the Annual Percentage Rate (APR) and the Amount Financed. b. How we will apply payments. We may apply each payment you make against first unpaid interest; next, the Finance Charge; to the unpaid part of the Amount Financed; and then to other amounts you owe under this contract or any order we check off below. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and other charges shown here on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price (including any sales tax) will increase if you pay late. Charges may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount. We publish the details for your later final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. d. You may request separate payments of the unpaid part of the Amount Financed at any time without penalty if you do so, you must pay the earned and unpaid part of the Finance Charge and any other amount due at the time of your payment. e. Your right to refinance a balloon payment. A balloon payment is a scheduled payment that is more than twice as large as the average of your earlier scheduled payments if you are buying the vehicle primarily for personal, family, or household use. You have the right to refinance the balloon payment when due without penalty. The terms of refinancing will be no less favorable to you than the terms of this contract. We will notify you and let you adjust your payment schedule to your seasonal or irregular income. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing. b. Using the vehicle. You must not sell, rent, lease, transfer any interest in the vehicle or contract without our written permission. You agree not to register the vehicle or transfer, assign, or encumber the property title. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Securing the interest in the vehicle. You give us a security interest in: • This vehicle and everything goods put on it, • All money or goods received (proceeds) for the vehicle, • All insurance, maintenance, service, or other contracts we finance for you, including the loan. • All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refund of unearned charges on such contracts. This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make a note on the title or any other evidence of ownership (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission. d. Insurance Release. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. The insurance company will notify us if you agree to name us on your insurance policy as an additional insured and as loss payer. If you do not have this insurance, we may purchase it and charge the cost to you, or decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle without requiring you to pay any extra charges if we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be set the previous business day. We will keep a copy of the information at the Annual Percentage Rate shown on the front of this contract. You may not reduce the amount you owe by using any insurance settlement to reduce what you owe or repair the vehicle. e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment by us does not mean that we accept payment of any kind that you may be making late payments. If you pay late, we may also take the steps described below. b. Your promises (defaults). We may demand that you pay all you owe on this contract or once. Default means: • You stop making any payments; • You give false, incomplete, or misleading information during credit application; • You file bankruptcy or enter in bankruptcy or one is started against you or your property; or • You break any agreement in this contract. The amount you owe will include the unpaid part of the Amount Financed plus the earned and unpaid part of the Finance Charge, any late charges, and any amounts due because of your breach. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBEUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISPUTES AND RICHTS UNDER ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or disputes between you and us or our employees, agents, successors or assigns, which arises out of or relates to this contract, the Purchase Money Security Agreement, any of the goods, services or transactions that are the subject matter of any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claims or disputes. Any arbitration agreement shall be made in writing and signed by each party to the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be selected in accordance with the applicable rules. The arbitrator shall apply governing law as determined by the applicable state rules of arbitration. The arbitrator hearing shall be conducted in the federal district where you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, transcription, service or case management fee and your arbitrator's hearing fee up to a maximum of $500 per side. The rate of the arbitrator's hearing fee may change. The arbitrator's hearing fee may be reduced or reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization determines that an agreement can't be reached, the arbitrator will make a final and binding award. Any arbitrator under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C § 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You have the right to bring an individual small claims court for disputes or claims within that court's jurisdiction, unless such action is translated, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any default of payment or breaching of this contract. The selection of the Arbitration Provision shall be enforceable against you if declared or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. CERTIFICATE OF TITLE STATE OF OKLAHOMA VEHICLE IDENTIFICATION NUMBER: 3C7WRTCL6NG289172 YEAR: 2022 MAKE: RAM TITLE NO.: 810011974790 MODEL: DATE 1st SOLD: 25-Jul-2022 BODY TYPE: CH AGENT NO.: M4411 APPLICATION DATE: 10-Aug-2022 ODOMETER: 9 Actual DATE ISSUED: 11-Aug-2022 COLOR: Silver TYPE OF TITLE: Original DATE INS. LOSS OR SALVAGE: MAILING ADDRESS ALLY FINANCIAL PO BOX 8104 COCKEYSVILLE MD 21030-8104 THIS VEHICLE IS SUBJECT TO THE FOLLOWING LIEN(S): 7/25/2022 ALLY FINANCIAL NAME AND ADDRESS OF THE VEHICLE OWNER EXTREME PRESSURE CONTROL 2951 S COUNCIL RD OKLAHOMA CITY OK 73128-9518 It is hereby certified that according to the records of the Oklahoma Tax Commission, the person named hereon is the owner of the vehicle described above which is subject to a lien(s) as shown; however, the vehicle may be subject to other liens or security interests CONTROL NO. 51845610 (This is not a title number) ASSIGNMENT OF TITLE BY REGISTERED OWNER (If Dealer, List License # Here: _________________) IF REGISTERED OWNER (SELLER) IS A LICENSED DEALER, PLACE OKLAHOMA MOTOR VEHICLE TAX STAMP HERE We hereby assign and warrant ownership of the vehicle described on this certificate to the following, subject only to the liens or encumbrances, if any, properly noted on this certificate. Purchaser(s) Name (Type or Print): ____________________________ Purchaser(s) Complete Address: ________________________________ Actual Purchase Price of Vehicle: ____________________________ I certify to the best of my knowledge that the ODOMETER READING reflected on the vehicle's odometer and listed below is the ACTUAL MILEAGE of the vehicle UNLESS one of the accompanying statements is checked: [ ] [ ] [ ] [ ] [ ] [ ] (NO TENTHS) [ ] 1. The odometer has exceeded its mechanical limits. [ ] 2. The odometer reading is NOT the actual mileage. Warning - Odometer Discrepancy Signature of Seller(s): _____________________________________ Printed Name of Seller(s): ____________________________ Subscribed and Sworn to Before me this ___ Day of ________, 20_____ Notary Public: __________________________________________ Commission Expiration: ____________ / ____________ Notarization required only of seller's signature(s). Affix notary seal/stamp to the right. Signature of Buyer(s): _____________________________________ Printed Name of Buyer(s): ____________________________ OKLAHOMA TAX COMMISSION / MOTOR VEHICLE DIVISION NOTICE OF TRANSFER (SUBMISSION OF THIS FORM IS OPTIONAL - REFER TO INSTRUCTIONS ON REVERSE) VEHICLE IDENTIFICATION NUMBER 3C7WRTCL6NG289172 TITLE NUMBER 810011974790 BUYER'S NAME (Printed): ______________________________________ BUYER'S ADDRESS/CITY/STATE/ZIP: ________________________________ SELLER'S NAME (Printed): ______________________________________ SELLERS ADDRESS/CITY/STATE/ZIP. ________________________________ SIGNATURE OF SELLER: _______________________________________ DATE OF SALE: ____________________________ CONTROL No. (Not a Title Number) ________________________________ VEHICLE LICENSE PLATE NUMBER: ______________ NOTICE OF TRANSFER FILING FEE: $10.00 Notice of Possessory Lien Service Oklahoma - Motor Vehicle Services Pursuant to the Provisions of 42 O.S. Chapter 2 This document is to serve as notice to all parties with an interest in the described property of a special lien claim, described hereon. The claimant affirms that the described labor, materials or skill furnished were authorized by the owner of the property and was in fact provided or performed, or the property was abandoned as described. Complete Legal Name of Lien Claimant: Michael Scott Business Name (if applicable): __________________________ Telephone Number: 905-919-2008 Complete Physical Address: 109 S. Moody Washington OK 73093 Complete Mailing Address: 109 S. Moody Washington OK 73093 Property Description: Year 2022 Make Ram Model 3500 Identification Number 3C-FWRNLLGZ89172 Location of Property: 109 S. Moody Washington Details of Service(s) Provided Repairs Requested By (Legal Name): Abandon Requestor's Complete Physical Address: __________________________ Requestor's Complete Mailing Address: __________________________ Itemized Description and Date(s) of Labor or Service(s) Performed, including Material (Continued on reverse, if necessary): List charges claimed for each item, the total of which must equal the total compensation claimed. Bed replacement 1500 Front Bumper 1250 Mechanic 4500 Stor 1000 Date of Abandonment (if no other service rendered): 12/21/24 (MM/DD/YY) Date of First Services Rendered: 12/21/24 (MM/DD/YY) (Pursuant to 42 O.S. § 91, Notice of Possessory Lien must be mailed by certified mail within 60 days of Date of First Services Rendered) Total Amount of Repairs and/or Service Claimed: $ Notice is hereby given to the following interested parties (Utilize separate notices, as required, for additional interested parties): If you no longer have a legal or financial interest in the described property; please disregard this notice. (1) Name: Ally Financial Complete Mailing Address: PO BOX 8104 Cockeysville MD 21030-8104 (2) Name: __________________________ Complete Mailing Address: __________________________ Signature of Lien Claimant: Michael Scott Contact Person (if business): __________________________ State of Oklahoma, County of: NEClain Subscribed and sworn to before me this 20 day of Mar My commission expires: 9/21/25 Notice: The described property may be subject to delinquent taxes, fees and penalties due the state of Oklahoma. 1) When applicable (refer to instructions); attach either a photograph of the property (Process 1 or Process 2 motor vehicle), or an inspection confirmation (Process 2 other than motor vehicle) of its condition. 2) Attach written proof of authority to perform the work, labor or service DAY'S T42 SERVICE LLC 415 W. WICHITA ST BATCH CREATE DATE: 202503 OKLAHOMA CITY OK 730 20 MAR 2025PM 6 L ALLY FINANCIAL PO BOX 8104 COCKEYSVILLE MD 21030-8104 Notice of Sale Service Oklahoma - Motor Vehicle Services Pursuant to the Provisions of Title 42 Chapter 2 of the Oklahoma Statutes Notice of sale is hereby given to all parties with an interest in the described property (Attach additional sheets, if necessary.): If you no longer have a legal or financial interest in the described property, please disregard this notice. (1) Extreme Pressure Control Name: ____________________________ (2) Ally Financial Name: ____________________________ (3) Extreme Pressure Control Name: ____________________________ (5) ____________________________ (6) ____________________________ Name: ____________________________ Name: ____________________________ Property: 2022 Ram 3500 Year: ___________________________ Make: _______________ Model: _______________ Identification Number: 3C7WRTCLENG289172 License Plate or Registration Decal Number and State: ____________________________ This sale shall be conducted to satisfy the lien on said property claimed by (Lien Claimant or Legal Agent of Claimant): Lien Claimant: Michael Scott DBA (If applicable): ____________________________ If claimant is a business, list name of contact person representing the business: ____________________________ Claimant's Physical Address: 109 S. Moody Washington Telephone Number: (405) 919-2008 Claimant's Mailing Address: 109 S. Moody Washington OK 73093 Service Oklahoma will return submitted documents to this address Detail of Service(s) Provided Repairs Authorized By (if applicable): Hbandon Description and Date(s) of Work, Labor and/or Service Performed including Material (Continue on reverse, if necessary.): List charges claimed for each item, the total of which must equal the total compensation claimed. bed replacement 15000 Front bumper 1250 Mechanic 4500 Stor. 1000 THQ 250 Date of Abandonment (if no other service rendered): 12/21/24 (MM/DD/YY) Storage or Possession from (MM/DD/YY): 12/21/24 to (MM/DD/YY): 4/11/25 at $_______ per day. Total Amount of Repairs, Service and/or Storage: $22000 A public sale of the above described property is to be held on (MM/DD/YY): 4/11/25 at (Time): 9:00 (AM/PM) Sale Location: 109 S. Moody Washington OK 73093 (List exact location of sale site, including street address and city. If rural route, include directions to site.) I hereby confirm and attest to the accuracy of the above described services provided on and for the described property. Signature of Claimant: ____________________________ State of Oklahoma, County of McClain Subscribed and sworn to before me this _____20_____ day of __Mar__. My commission expires: _______9.21.25_____ Dalholf Dea Notary Public Notice: The described property may be subject to delinquent taxes, fees and penalties due the state of Oklahoma. 1) When applicable (refer to instructions), attach either a photograph of the property (Process 1 or Process 2 motor vehicle), or an inspection confirmation (Process 2 other than motor vehicle) of its condition. CERTIFIED MAIL DAY'S T42 SERVICE LLC 111 E W. WICHITA ST LINDSAY OK 73052 BATCH CREATE DATE: 20250328 OKLAHOMA CITY OK 730 20 MAR 2025PM 6 L 9589 0710 5270 1984 0627 53 ALLY FINANCIAL PO BOX 8104 COCKEYSVILLE MD 21030-8104 Retail U.S. POSTAGE PAID FCM LETTER LINDSAY OK 73052 MAR 20, 2025 RDC-99 21030 R2304E105015-C4 $9.68 Better Business Bureau® BUSINESS PROFILE Oil Handling Equipment Extreme Pressure Control This business is NOT BBB Accredited. Find BBB Accredited Businesses in Oil Handling Equipment. Visit Website (405)919-2008 About Reviews Complaints Overview BBB Accreditation & Rating Business Details More Resources Featured Content Overview Extreme Pressure Control 4005 S Thomas Rd Oklahoma City, OK 73179 Years in Business: 8 BBB Accreditation & Rating Extreme Pressure Control is NOT a BBB Accredited Business. We use cookies to give users the best content and online experience. By clicking "Accept All Cookies", you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. Why choose a BBB Accredited Business? BBB Rating Not Rated Reasons for rating • BBB does not have sufficient information to issue a rating on this business. How are BBB ratings calculated? Business Details Local BBB: Better Business Bureau Serving Central Oklahoma BBB File Opened: 10/9/2019 Business Started: 6/3/2016 Business Management: Mr. Mike Scott, CEO Additional Contact Information Principal Contacts Mr. Mike Scott, CEO Customer Contacts Mr. Mike Scott, CEO Additional Email Addresses Sales: Email this Business Technical Support: Email this Business Customer Service: Email this Business Additional Information Business Categories Oil Handling Equipment