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TULSA COUNTY • CS-2025-94

Midland Credit Management, Inc v. Sheryl Cowan

Filed: Oct 22, 2024
Type: CS

What's This Case About?

Let’s cut right to the chase: a debt collector is suing a woman in Oklahoma for $3,216.56—less than the average American spends on holiday shopping—and has sent a notary public in Minnesota to swear under penalty of perjury that, yes, this amount is definitely owed, probably. Welcome to the wild, mildly absurd world of modern debt collection, where your medical emergency, surprise vet bill, or ill-advised teeth-whitening spree can come back to haunt you in the form of a cold, notarized affidavit from a legal specialist named Gretchen in St. Cloud.

Sheryl Cowan, a regular person presumably trying to live her life in Tulsa, Oklahoma, once upon a time opened a CareCredit account. For the uninitiated, CareCredit is the financial fairy godmother of the medical world—offering “no interest if paid in full in 24 months!” on everything from LASIK to dog dentistry. It’s the kind of credit card that whispers sweet no-interest-no-problem promises in your ear while quietly planning your financial downfall. Sheryl, like millions of Americans, likely used it for something she needed—maybe dental work, maybe vision correction, maybe a pet procedure—something urgent enough to justify putting it on a credit card that doesn’t require immediate payment. The account was opened back in November 2015. That’s nearly a decade ago. A lot can happen in nine years. Jobs change. Incomes shrink. People forget. And, in this case, payments stopped.

The last recorded payment on Sheryl’s CareCredit account was made on May 11, 2023. By December 17 of that same year, the account was officially “charged off,” which sounds dramatic but is really just accounting-speak for “we’ve given up on getting paid and are writing this off as a loss.” But here’s the twist—when a bank gives up, a debt collector sees opportunity. Enter Midland Credit Management, Inc., a California-based debt buyer with the emotional warmth of a spreadsheet and the persistence of a telemarketer on commission. On January 26, 2024, Midland became the “successor in interest” to Sheryl’s debt—meaning they bought it for pennies on the dollar from Synchrony Bank, the original issuer of the CareCredit account. Now, they’re not just chasing the debt—they’re legally chasing it, all the way to the Tulsa County District Court.

The lawsuit filed on October 22, 2024, is as straightforward as legal documents get. Midland, represented by the firm Love, Beal & Nixon, P.C. (yes, that’s really the name—no relation to the rock band), claims Sheryl owes $3,216.56. That’s it. No allegations of fraud, no accusations of identity theft, no dramatic heist involving fake IDs and stolen dental implants. Just a default. A charge-off. A sale. And now, a demand for payment. The filing is backed by an affidavit from Gretchen Zak, a legal specialist at Midland, who swears she has reviewed the electronic records and can confirm—based on data acquired from the original creditor and subsequent internal collection efforts—that the debt is real, the balance is accurate, and the timeline checks out. She even says she’d testify in court if needed, which is both impressive and slightly tragic, like someone preparing for a duel over a Target gift card.

Now, let’s talk about what’s actually happening in legal terms, minus the jargon. Midland is suing Sheryl for “indebtedness”—a fancy way of saying, “You didn’t pay, and now we want a court to force you to.” They’re not asking for punitive damages, they’re not demanding an injunction, and they’re not seeking a jury trial. They just want the money. Plus interest. Plus court costs. And, of course, “such other relief as the Court may deem just and proper,” which is legal code for “and maybe a cookie, while you’re at it.”

The amount in question—$3,216.56—isn’t chump change, but it’s also not life-altering wealth. For context, that’s about six months of car insurance in Oklahoma, or one round-trip flight to Europe if you’re not picky about legroom. It’s the kind of sum that could wipe out a savings account, cause real stress, or be paid off in installments if you had steady work. But here’s the kicker: Midland likely paid far less than $3,216 for this debt. Debt buyers like Midland routinely purchase defaulted accounts for 3 to 10 cents on the dollar. So they might have paid under $300 for the right to sue Sheryl for over $3,000. That’s a potential return on investment of over 1,000%—if they win. Suddenly, this isn’t just about collecting a debt. It’s about profit. Scalable, systemic, spreadsheet-driven profit.

And yet, for all the cold efficiency of the process, there’s something deeply human at the center of this case: Sheryl Cowan. We don’t know her story. Maybe she lost her job. Maybe she got sick. Maybe she moved, changed her phone number, and missed the notices. Maybe she disputed the debt and never got a response. Maybe she just… forgot. Life happens. But the system doesn’t care about context. It only cares about the balance. And now, because of a chain of corporate handoffs and legal assignments, she’s been dragged into court—not by the company she originally borrowed from, but by a third-party collector that bought her debt like a distressed asset on eBay.

What makes this case particularly wild isn’t the amount or even the outcome—it’s the machinery behind it. A woman in Oklahoma defaults on a medical credit card. A bank in Connecticut (Synchrony) writes it off. A debt buyer in California purchases it. A law firm in Oklahoma files a lawsuit. And a notary in Minnesota swears under oath that, yes, the digital records confirm the debt is real. It’s a Rube Goldberg machine of financial bureaucracy, powered by interest rates, data transfers, and the quiet desperation of ordinary people trying to survive.

So where do we stand? Midland wants $3,216.56. Sheryl hasn’t responded in the filing we’ve seen—yet. She has the right to dispute the debt, request validation, or even argue that the statute of limitations has passed (in Oklahoma, written contracts have a five-year limit, but the clock may have reset if there was a partial payment in 2023). But if she doesn’t show up? Midland wins by default. Literally.

Our take? The most absurd part isn’t that someone is being sued for $3,200. It’s that this entire process—affidavits, notaries, interstate law firms, digital record-keeping—exists to collect on a debt that may have originated from someone trying to afford basic healthcare. CareCredit was supposed to make medical expenses easier. Instead, it’s become a gateway to the debt collection industrial complex. We’re not rooting for anyone to dodge responsibility—but we are rooting for a system that doesn’t turn a dental cleaning into a decade-long legal saga. And if Gretchen Zak from St. Cloud ever writes a memoir, we’ll be first in line. Chapter One: The Day I Swore on a Spreadsheet.

Case Overview

$3,217 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$3,217 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 in_debt Default on SYNCHRONY BANK CARECREDIT obligation

Petition Text

639 words
24-32968-0 YE5 008 IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA MIDLAND CREDIT MANAGEMENT, INC, Plaintiff, vs. SHERYL COWAN, Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for cause of action against the Defendant alleges and states: 1. Defendant Defaulted on SYNCHRONY BANK CARECREDIT obligation with account number XXXXXXXXXXXX0354. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $3,216.56. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $3,216.56, with interest at the statutory rate, all court costs, and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Alexander M. Hall, #33900 Peggy S. Horinek, #010344 Jennifer A Gani, #021876 Mariah Withington, #36309 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405/720-0565 Fax: 405/720-9570 E-Mail: [email protected] STATE OF OKLAHOMA Midland Credit Management, Inc, Plaintiff -vs- Cowan, Sheryl, Defendant(s). Gretchen Zak, whose business address is 600 W. Saint Germain St Suite 200, St. Cloud, MN 56301-3616, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff" or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's SYNCHRONY BANK/CARECREDIT account XXXXXXXXXXXXX0354 (MCM Number 325879810) (hereinafter "the Account"). 2. I have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, to make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4. MCM's records show that Defendant(s) owed a balance of $3,216.56 as of 2024-10-10. 5. On or about 2024-01-26, Midland Credit Management, Inc became the successor in interest to this Account. 6. MCM's records show that: 1) the Account was opened on 2015-11-19; 2) the last payment posted to the Account on 2023-05-11; and 3) the Account was charged off on 2023-12-17. 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. Left Blank Intentionally I certify under penalty of perjury that the foregoing statements are true and correct. OCT 2 2 2024 Date STATE OF MINNESOTA COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on OCT 2 2 2024 by Gretchen Zak. Christy Lynn Biss Notary Public · Minnesota My Commission Expires 01/31/2029 Notary Public
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