IN THE DISTRICT COURT WITHIN AND FOR HASKELL COUNTY
STATE OF OKLAHOMA
TTCU Federal Credit Union,
Plaintiff,
vs.
Fred Peek,
Defendant.
Case No.: CJ-26-17
Judge: Henderson
PETITION FOR COLLECTION OF INDEBTEDNESS
COMES NOW the Plaintiff, TTCU Federal Credit Union, and for Plaintiff's cause of action against the Defendant alleges and states:
1. Fred Peek owes Plaintiff, TTCU Federal Credit Union, thirty-seven thousand four hundred twenty-five and 17/100 ($37,425.17) for non-payment of a promissory note attached hereto as "Exhibit A" and made a part hereof.
2. That the cause of action occurred in Haskell County and this Court has jurisdiction over the persons and subject matter of this action.
3. That the undersigned attorney, in order to comply with federal debt collection law, states:
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
That the name of the creditor is TTCU Federal Credit Union.
That the amount of the debt in default is $37,425.17.
That Fred Peek is/are entitled to verify or dispute the debt which is the subject of this petition by contacting the undersigned attorney at the telephone number or address shown below.
The debt which is subject to this Petition or any portion of the debt may be disputed by Fred Peek in writing to the undersigned attorney within thirty (30) days and if not disputed will be assumed to be valid.
That upon written request of Fred Peek within the period of thirty (30) days, the Plaintiff will provide such information, data and documentation as may be reasonably necessary to prove the debt.
That written communications concerning the debt should be directed to the undersigned attorney. Such communication will not relieve Fred Peek from the obligation of payment of the debt or the requirement to file an Answer or otherwise respond to this Petition as provided for by law.
4. Plaintiff requests that upon entry of judgment 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 certified copy of said Order on the OESC in accordance with 40 O.S. § 4-508(D).
WHEREFORE, Plaintiff prays for judgment against the Defendant, Fred Peek, for the sum of thirty-seven thousand four hundred twenty-five and 17/100 ($37,425.17), with interest accruing at the statutory rate, until paid, reasonable attorney's fees, all costs expended herein, and all other relief this Court may deem just and equitable.
Hinds Law Firm, PC
[Signature]
Collin M. Hinds, OBA # 17391
115 W. 3rd St., Ste. 410
Tulsa, OK 74103
(918) 514-3203
[email protected]
Attorney for Plaintiff
LLAW 553-OK-eps-14 7/18
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
Dealer Number __________________________ Contract Number __________________________
Buyer Name and Address (Including County and Zip Code)
FRED HASKELL
239 FIVE TRIBES DR
CANADIAN OK 74425
HASKELL
Co-Buyer Name and Address (Including County and Zip Code)
N/A
Seller-Creditor (Name and Address)
BOB HURLEY R.V. CENTER
2002 W SKELLY DR
TULSA OR 74107
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 in 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>2018</td>
<td>DUTCHMEN AERO LITE</td>
<td></td>
<td>4YDT26224JJ910103</td>
<td>Personal, family, or household unless otherwise indicated below<br>business<br>agricultural<br>N/A</td>
</tr>
</table>
FEDERAL TRUTH-IN-LENDING DISCLOSURES
<table>
<tr>
<th rowspan="2">ANNUAL PERCENTAGE RATE</th>
<th rowspan="2">FINANCE CHARGE</th>
<th rowspan="2">Amount Financed</th>
<th rowspan="2">Total of Payments</th>
<th rowspan="2">Total Sale Price</th>
</tr>
<tr>
<th>The cost of your credit as a yearly rate.</th>
<th>The dollar amount the credit will cost you.</th>
<th>The amount of credit provided to you or on your behalf.</th>
<th>The amount you will have paid after you have made all payments as scheduled.</th>
<th>The total cost of your purchase on credit, including your down payment of</th>
</tr>
<tr>
<td>5.49 %</td>
<td>$ 28390.33</td>
<td>$ 60000.47</td>
<td>$ 88390.80</td>
<td>$ 94108.33</td>
</tr>
</table>
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>180</td>
<td>491.06</td>
<td>Monthly beginning<br>10/22/2018</td>
</tr>
</table>
Or As Follows: N/A
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of $ 25.00 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.
SERVICING AND COLLECTION CONTACTS
You agree that we may try to contact you in writing, by e-mail, or using prerecorded or artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. You also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you.
APPLICABLE LAW
Federal law and the law of the state of our address shown above apply to this contract.
Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.
Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
WARRANTIES SELLER DISCLAIMERS
Unless the Seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose.
This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide.
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.
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 HEREUNDER.
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.
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 N/A
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 the rest of this contract for other important agreements.
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed.
b. How we will apply payments. We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose.
c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Price shown on page 1 of this contract, 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 will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due.
d. You may prepay. You may prepay all or part 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 all other amounts due up to the date 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 the refinancing will be no less favorable to you than the terms of this contract. This provision does not apply if we adjusted 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 agree not to remove the vehicle from the U.S. or Canada, or to sell, rent lease, or transfer any interest in the vehicle or this contract without our written permission. You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. 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. Security Interest.
You give us a security interest in:
• The vehicle and all parts or goods put on it;
• All money or goods received (proceeds) for the vehicle;
• All insurance, maintenance, service, or other contracts we finance for you; and
• All proceeds from insurance, maintenance, service, or other contracts we finance for you. This includes any refunds of premiums or charges from the contracts.
This secures payment of all you owe on this contract. It also secures your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle. You will not allow any other security interest to be placed on the title without our written permission.
d. Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss of or damage to the vehicle for the term of this contract. The insurance must cover our interest in the vehicle. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to buy physical damage insurance, we may either buy insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the Annual Percentage Rate shown on page 1 of this contract. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle.
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 page 1 of this contract. Acceptance of a late payment does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below.
b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once. Default means
• You do not pay any payment on time,
• You give false incomplete, or misleading information on a credit application;
• You start a proceeding in bankruptcy or one is started against you or your property; or
• You break any agreements in this contract
The amount you will owe will be 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 you defaulted.
c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney's fee and court costs the law permits. The maximum attorney's fee you will pay will be 15% of the amount you owe, unless a court awards an additional amount.
d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so peacefully and if the law allows it. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you at your expense. If you do not ask for these items back, we may dispose of them as the law allows.
e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back (redeem). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle.
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs, if the law permits, are also allowed expenses. If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you must pay the rest to us unless the law provides otherwise. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay.
g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe.
H60ATION OF AMOUNT FINANCED
1 Cash Price Excluding $ N/A $56020.00 (1)
2 Total Down Payment
Trade-in: 2017 FLEETWOOD STORM 36F (Year) (Make) (Model)
Gross Trade-In Amount $12800.00
Less Pay Off Made By Seller BOA $13000.00
Equal Net Trade In -200.00
+Cash N/A $5917.53
+Other N/A
(If total down payment is negative, enter "0" and see #4 below)
3 Unpaid Balance of Cash Price (#1 minus #2) $5717.53 (2)
4 Other Charges including amounts paid to others on your behalf (seller may have part of these amounts)
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies $ N/A
Life $ N/A
Disability $ 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 $2000.00
E Other Fees Paid to Government Agencies
(N/A) for N/A $ N/A
N/A for N/A $ N/A
N/A for N/A $ N/A
F Government Taxes Not Included in Cash Price $ N/A
G Government License and/or Registration Fees $ N/A
FILING/LIEN FEE(S) $10.00
H Government Certificate of Title Fees $ N/A
I Other Charges : Seller must identify what it paid and describe purpose
(N/A) For Paid Credit or Lease Balance $ N/A
(N/A) for N/A $ N/A
REPAIR CARE for SERVICE CONTRACT $6500.00
BOB HURLEY R.V._C for DOC FEE $289.00
ABIC WARRANTY for ROAD TIRE & WHEEL $899.00
(N/A) for N/A $ N/A
(N/A) for N/A $ N/A
(N/A) for N/A $ N/A
(N/A) for N/A $ N/A
(N/A) for N/A $ N/A
Total Other Charges and Amounts Paid to Others on Your Behalf $9698.00 (3)
$ Amount Financed (#3 +#4) $60000.47 (5)
OPTION [ ] You pay no finance charges if the Amount Financed, item 5, is paid in full on or before N/A, Year N/A. SELLER'S INITIALS: N/A
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). 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.
OPTIONAL GAP CONTRACT: A gap contract (wish 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 180 Mios REPAIR CARE GAP
I want to buy a gap contract.
Name of Gap Contract
Buyer Signs X Gerald Barac
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.
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 Gerald Barac Date 09/07/18 Co-Buyer Signs X N/A Date 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
Seller signs BOB HURLEY R.V. CENTER Date 09/07/16 By [Signature]
Assignee under the terms of Seller's Agreement with Buyer [Assignee] TT CU FEDERAL CREDIT UNION [Assignee] Assigned with Limited recourse BOB HURLEY R.V. CENTER Assigned with Limited recourse By [Signature] Date [Signature]
Insurance. You may buy the physical damage insurance this contract requires from anyone who insures and is acceptable to us. You are not required to buy any auto insurance to obtain credit unless the box indicating VMotor's Optional Auto Insurance, located above, is checked below. If any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions.
Check the insurance you want and sign below:
Optional Credit Insurance
[ ] Credit Life [ ] Buyer [ ] Co-Buyer [ ] Both
[ ] Credit Disability [ ] Buyer [ ] Co-Buyer [ ] Both
Premium
Credit Life $ N/A
Credit Disability $ N/A
Insurance Company Name N/A
Home Office Address 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. This insurance is for the creditor's sole protection unless you sign and agree to pay the extra cost.
I want the insurance checked above:
X N/A Buyer Signature Date [Signature]
X N/A Co-Buyer Signature Date [Signature]
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 service fee of $25.00 if any checks you give us are returned.
