Tinker Federal Credit Union v. Betty J. Dooley

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) Plaintiff, vs. ) BETTY J. DOOLEY, Defendant. FILED DISTRICT COURT CANADIAN COUNTY, OKLAHOMA March 18, 2026 4:13 PM HOLLY EATON, COURT CLERK Case Number CJ-2026-269 CASE NO. PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against Defendant, Betty J. Dooley ("Defendant"), alleges and states as follows: CLAIM ONE: BREACH OF CONTRACT – PROMISSORY NOTE L61 1. On or about January 11, 2024, Defendant executed a promissory note (hereinafter referred to as the "Contract") and became obligated to pay TFCU the principal amount of $5,000.00. A true and correct copy is attached hereto as Exhibit “A”. 2. Defendant has defaulted on the Contract by failing to timely pay and is indebted to TFCU in the amount of $3,638.32 as of March 13, 2026. 3. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936. 4. TFCU is entitled to pre and post judgment interest at the contractual rate of 11.9500% per annum. 5. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “B”. 6. Pursuant to 40 O.S. §4-508(D), TFCU requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendant, Betty J. Dooley for $3,638.32, plus pre and post judgment interest at 11.9500% per annum and all contractual charges as set forth in the Contract, plus Plaintiff's court costs and a reasonable attorney's fee and all other relief this Court deems just. CLAIM TWO: BREACH OF CONTRACT – CREDIT CARD X4636 7. On or about November 1, 2005, Defendant executed a credit card open account (hereinafter referred to as the "Contract") and became obligated to pay TFCU for all charges made thereon. See Exhibit “C”. 8. Defendant defaulted on the Contract by failing to timely pay and is indebted to TFCU in the amount of $21,700.69 as of March 13, 2026. 9. TFCU is entitled to contractual interest, reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and under 12 O.S. §936. WHEREFORE, Tinker Federal Credit Union prays for judgment against Defendant, Betty J. Dooley for $21,700.69, plus contractual interest, TFCU’s reasonable attorney’s fees and costs incurred in pursuit of this action, TFCU’s reasonable attorney’s fees and costs incurred in collection of the Judgment and for such other and further relief as this Court deems just and proper. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 871-5403 Facsimile [email protected] TFCU Tinker Federal Credit Union PO Box 45750, Tinker AFB, OK 73145 SN50 00029 TRB Betty J Dooley 9413 SW 32nd St Oklahoma City OK 73179-1221 December 1, 2023 Dear Betty J Dooley: Could you use a little extra cash for debt consolidation, holiday shopping or home improvement? Your excellent credit history with Tinker Federal Credit Union has earned you a pre-approved loan for $5,000 at a low fixed 11.95% Annual Percentage Rate (APR) for 60 months. Getting your cash is easy: ☐ Read and sign the Member’s Signatures and Acknowledgement section below ☐ Remove and ENDORSE the check and deposit it into your checking or savings account at any financial institution ☐ Return this letter, with your signatures, to TFCU in the envelope provided ☐ Keep the Member’s Copy for your records If you have any questions, please contact the TFCU Member Service Center at (405) 732-0324, option 6, or 1-800-456-4828, option 6. Sincerely, Krista Basinger Senior Vice President, Lending P.S. If you don’t need money now, hold on to the check because it's good until January 15, 2024. If you do not intend to take advantage of this offer, please write "VOID" across the face of this check and destroy it. IMPORTANT: THIS OFFER IS VOID IF YOU DO NOT CURRENTLY HAVE AN OPEN ACCOUNT WITH TFCU. Acceptance of this loan offer is subject to the Loan Agreement and Disclosure Statement detailed on the reverse side of this letter; if you cash or deposit the check, you are obligated to the Loan Agreement and Loan Statement terms. (Note: This offer is not assignable or transferrable). EXTRA CASH when you need it. Military Lending Act Disclosure Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Upon your acceptance of this offer, we will determine your borrower status under the Military Lending Act. If you are identified as a covered borrower under the Act at the time of acceptance, the Military Lending Act protections will apply to your loan. If you are not identified as a covered borrower under the Act at the time of acceptance of this offer, even though you may become a covered borrower under the Act at any time during the term of this loan, these protections will not apply. Once your loan has been established, you may call us toll free at 844-756-3767 to obtain more specific information about your loan payment or calculation. If you have any questions regarding the Military Lending Act, please call us toll free at 844-756-3767 and press 1 to speak to a Member Service Representative. MEMBER'S SIGNATURES AND ACKNOWLEDGEMENT By signing below: (i) I promise to pay TFCU the principal amount of this loan which is the amount of the check below, plus interest; (ii) I agree to the terms of the LOAN AGREEMENT AND DISCLOSURE STATEMENT provided on the reverse side of this letter; (iii) I acknowledge receipt of a copy of the LOAN AGREEMENT AND DISCLOSURE STATEMENT; and (iv) I agree to return this letter (including the Loan Agreement and Disclosure Statement) with my signature to TFCU. BY SIGNING BELOW, I GRANT TFCU ALL RIGHTS UNDER APPLICABLE FEDERAL AND STATE LAWS AND STATUTES TO TAKE AND OFFSET AMOUNTS FROM OTHER ASSETS I OWN IN THE EVENT OF ANY DEFAULT ON MY PART TO COVER MY DEFAULT, SUBJECT TO MY RIGHTS AS A COVERED BORROWER UNDER THE MILITARY LENDING ACT. TFCU RESERVES THE RIGHT TO REQUEST BORROWER TO PROVIDE COLLATERAL AS SECURITY FOR THIS LOAN. Betty J. Dooley Date LOAN AGREEMENT AND DISCLOSURE STATEMENT Based on your credit, you are approved for this non-transferable, non-assignable loan, subject to your creditworthiness, Tinker Federal Credit Union ("TFCU") loan guidelines, and lending criteria. This approval is valid for forty-five (45) days. PRESCREEN & OPT-OUT NOTICE: THIS "PRESCREEN" OFFER OF CREDIT IS BASED ON INFORMATION IN YOUR CREDIT REPORT INDICATING THAT YOU MEET CERTAIN CRITERIA. THIS OFFER IS NOT GUARANTEED IF YOU DO NOT MEET OUR CRITERIA (INCLUDING PROVIDING ACCEPTABLE PROPERTY AS COLLATERAL). IF YOU DO NOT WANT TO RECEIVE PREScreenED OFFERS OF CREDIT FROM THIS OR OTHER COMPANIES, CALL THE CONSUMER REPORTING AGENCIES TOLL-FREE 1-888-5-OPT-OUT (1-888-567-8688) OR GO TO OPTOUTPRESSCREEN.COM OR WRITE TO OPT-OUT DEPARTMENT P.O. BOX 530200, ATLANTA, GA 30353. This Loan Agreement and Disclosure Statement ("Agreement") states your rights, responsibilities, and obligations for this loan, including any extensions, renewals, refinancing, and/or modifications of the loan or loan terms ("Loan"). In this Agreement: "you" and "your" means the person who signs the attached check ("Check"); "we", "us", and "our" means Tinker Federal Credit Union and its successors and assigns (collectively "TFCU"). The terms and conditions below and on the reverse side of this Agreement make up the entire Loan Agreement and Disclosure Statement; however, TFCU reserves the right to request and receive additional information and request you to sign additional documentation to secure TFCU's rights. TRUTH IN LENDING DISCLOSURES <table> <tr> <th>ANNUAL PERCENTAGE RATE</th> <th>FINANCE CHARGE</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf:</th> <th>Total of Payments<br>The amount you will have paid when you have made all scheduled payments:</th> </tr> <tr> <td>The cost of your credit as a yearly rate.<br>11.95%</td> <td>The dollar amount the credit will cost you<br>$1,667.62 e</td> <td>$5,000.00 e</td> <td>$6,667.62 e</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>60</td> <td>59 at $111.13 e<br>1 at $110.95 e</td> <td>The same date each month beginning with the date one month after the loan check clears through TFCU</td> </tr> </table> Prepayment: If you pay off this Loan early, you will not have to pay a penalty. Late Charges: If any payment or portion of payment you make is more than ten (10) days past its due date, you will be charged the greater of $20.00 or 5% of the unpaid amount of the scheduled monthly payment. Subject to applicable laws and TFCU rules, no late charge will be assessed on any payment when the delinquency is caused solely by a late fee assessed on earlier payments, and the payment received would otherwise be a full payment under the terms of this Loan Security: Unless you are a covered borrower under the Military Lending Act or as prohibited by applicable law, you are giving us an additional security interest in collateral that may be securing other loans with us. Contract Terms: You should refer to the Loan Agreement and Disclosure Statement and other contract documents for additional information about nonpayment, default, required repayment before the scheduled date, and prepayment limitations, refunds, and penalties.* e = estimate Payments: You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosures above until what you owe has been repaid. If you prepay part of what you owe, subsequent payments will remain due as scheduled. Your last payment will be the remaining principal balance plus accrued interest. You promise to make payments to us at the address we choose. You are allowed to prepay your loan balance and make monthly payments early without penalty, however, the "due date" for your next payment will not advance more than ninety (90) days. You are expected to make and continue to make and/or schedule a payment each month to meet the requirements of your loan agreement with us and to avoid default until your loan is paid in full. If this loan refinances another loan we have with you, the other loan will be canceled and replaced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. Interest: You agree to pay interest on the daily balance of the Loan, beginning on the day we receive the endorsed Check and until your Loan is repaid in full, including after default and acceleration. The interest will be computed on the basis of a 365-day year and the actual number of days elapsed. Payments will be applied to other charges, interest and then principal. Nature of Your Responsibilities: We can enforce this Agreement against you or any of your heirs, executors, or legal representatives. You may not assign or transfer this agreement to anyone. We may assign or transfer this Agreement and the rights or obligations under this Agreement to anyone without your consent, although we will send you notice of an assignment or transfer, if we do. All checks must bear the original signature/endorsement of the person whose name appears on this offer, which is subject to verification by us Returned Check Charge: If a check or other instrument you use to make a payment on this Agreement is returned to you unpaid for any reason, you agree to pay us a returned loan payment fee of $20.00 Security Agreement: Subject to you being a covered borrower under the Military Lending Act or as otherwise prohibited by applicable laws, you hereby grant us all rights to secure this Loan by a security interest to the extent created by this Loan and this Loan is cross-collateralized by personal property which secures any debt you have with us now or later, other than household goods. We may use any collateral secured by other loans you have with us, subject to you being a covered borrower under the Military Lending Act or as otherwise prohibited by applicable laws and your right of rescission. The security interest secures the Loan and any extensions, renewals, or refinancings of the Loan. Default and Remedies: You will be in default if: (i) you fail to pay or keep any promise on this Loan, its Agreement, or any other loan or agreement you have with us; (ii) you die, file for bankruptcy, or become insolvent; (iii) you make any false or misleading statements in any statement or credit information; (iv) something happens which we believe may substantially reduce your ability to repay what you owe. If you default, we can require immediate payment of the entire unpaid principal balance of the Loan, without giving you advance notice (called "Accelerate"). If we Accelerate the Loan payment, you will continue to pay interest at the same interest rate until what you owe has been repaid in full. For a default under this Agreement, TFCU reserves all rights under the terms of this Agreement, other agreements with you for debts owed to TFCU, and under applicable laws. You acknowledge that we rely on the statutory right of offset, except as to excluded accounts. We can also exercise any other rights under applicable laws and statutes when you are in default. If you default on the Loan or this Agreement, you will be liable and will be required to pay all reasonable costs, expenses, and fees we may incur in connection with collecting any money you owe us for the Loan, including attorneys' fees up to fifteen percent of the amount in default or as provided by applicable state statute and applicable laws Waivers: We can delay enforcing any of our rights any number of times without losing our rights. You hereby waive demand, presentment, protest, notice of dishonor, and notice of protest. Purpose: You represent and agree that the Loan will be used primarily for personnel, family, or household purposes Notices: Notices will be mailed to you at the most recent address you have given us in writing. We are not responsible for notices you fail to receive, for your failure to update any changes in your address and contact information with us. You may send us notices to: Tinker Federal Credit Union, P.O. Box 45750, TAFB, OK 73145 Applicable Law: This Agreement is governed by federal and Oklahoma laws, rules, regulations, and statutes to the extent that federal law preempts state law. This Agreement is governed by federal law. If any provision of this Agreement conflicts with any existing or future law, it shall be deemed modified to the extent necessary to comply with such applicable law and the validity of the remaining terms shall not be affected. TCPA Consent: To ensure that you do not miss any important communications as part of your account and/or loan with us, your consent to contact you at the email and mobile number provided is needed. Consent is not required as part of your loan and you may opt out of such contact at any time by selecting the 'No' option below or at any time upon written notice to Tinker Federal Credit Union, P.O. Box 45750 Tinker AFB, Oklahoma 73145. BY SELECTING THE YES OPTION, YOU CONSENT TO TFCU, ITS AFFILIATES AND PARTNERS CONTACTING YOU BY EMAIL, PHONE CALL, AND TEXT AT THE EMAIL ADDRESS AND MOBILE NUMBER PROVIDED FOR ANY REASON INCLUDING PAYMENT INFORMATION, POSSIBLE FRAUD, SUSPICIOUS ACTIVITY, DATA SECURITY, POTENTIAL IDENTITY THEFT, MONEY TRANSFERS, MONEY WITHDRAWALS, COMMUNICATIONS ON YOUR ACCOUNTS AND LOANS, NOTIFICATION OF LATE PAYMENTS, MARKETING AND/OR COLLECTION EFFORTS ON YOUR ACCOUNT OR LOAN. SUCH CONTACT MAY OCCUR THROUGH DIRECT DIAL, USE OF TEXT MESSAGE, PRE-RECORDED OR ARTIFICIAL VOICE MESSAGE, AND/OR THE USE OF AN "AUTOMATED TELEPHONE DIALING SYSTEM" OR "AUTO-DIALER". CALL, DATA, AND/OR TEXT MESSAGING CHARGES MAY APPLY DEPENDING ON YOUR MOBILE SERVICE PLAN OR YOUR MOBILE PHONE CARRIER. YOU ARE RESPONSIBLE FOR ANY SUCH CHARGES. PLEASE MAKE YOUR SELECTION BY CHECKING THE APPROPRIATE BOX BELOW AND INDICATING YOUR CONSENT OPTION FOR RECEIVING COMMUNICATIONS, INCLUDING CALLS AND TEXTS VIA YOUR MOBILE DEVICE AND PROVIDING THE MOBILE NUMBER. [ ] YES, I GRANT PERMISSION TO BE CONTACTED BY CALL OR TEXT AT THE NUMBER PROVIDED [ ] NO, I DO NOT GRANT PERMISSION TO BE CONTACTED BY CALL OR TEXT AT THE NUMBER PROVIDED *Standard text messaging and call rates apply. You are responsible for all charges from your mobile provider. ; AFFIDVI STATE OF OKLAHOMA COUNTY OF OKLAHOMA ) ss. Aiden Elder, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Betty Dooley not in the military. A copy is attached hereto. Signed under penalty of perjury Aiden Elder Subscribed and sworn to before me this 13th day of March, 2026. Notary Public. My Commission Expires: (SEAL) EXHIBIT B Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2150 Birth Date: Mar-XX-1937 Last Name: DOOLEY First Name: BETTY Middle Name: Status As Of: Mar-13-2026 Certificate ID: NW62Q2THDMLRNHX On Active Duty On Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individual's active duty status based on the Active Duty Status Date. Left Active Duty Within 367 Days of Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date. The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty. Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. CPO DOOLEY, BETTY J**9413 SW 32ND ST**OKLAHOMA CITY*OK*73179-1221* PER DAY INTEREST 7.0947 ACCOUNT PAYOFF 03/13/26 21,700.6928 03/14/26 21,707.7875 03/15/26 21,714.8822 03/16/26 21,721.9769 03/17/26 21,729.0716 03/18/26 21,736.1663 03/19/26 21,743.2610 03/20/26 21,750.3557 03/21/26 21,757.4504 03/22/26 21,764.5451 03/23/26 21,771.6398