Preview
FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023
CONSUMER CREDIT TRANSACTION
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index №
COUNTY OF WYOMING X
Credit Acceptance Corporation SUMMONS
Plaintiff, Plaintiff's Address:
-against- 25505 West Twelve Mile Rd., Suite
3000
Justin Caryl Southfield MI 48034
Defendant(s).
The Basis of Venue is:
CPLR SEC. 503(f). Defendants
residence is in the County of
WYOMING.
X
Defendant(s) Address:
DEF1- 3796 WALKER RD, PERRY NY 14530-9721
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your
answer on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of
service, or within 30 days after service is complete if this summons is not personally delivered to you within the
State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
Dated: March 3, 2023
Matter # 486100 ____________________________
Stephen Einstein Urva S. Ahmed
Anthony S. Poulin Joseph J. Cassotta
Scott Morris Joseph G. Devine
Chester Andrew Guala
Tromberg, Morris & Poulin, PLLC.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
*SM0000486100*
S_S_SUP-SUM
1 of 18
FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023
SUPREME COURT OF THE STATE OF NEW YORK INDEX №:
COUNTY OF WYOMING
Credit Acceptance Corporation
Plaintiff,
-against-
COMPLAINT
Justin Caryl
Defendant(s).
Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that:
FIRST: The Plaintiff is an active foreign entity authorized to transact business in the State of
New York and the original creditor in the subject matter of this lawsuit. Upon information and belief, at
all times hereinafter mentioned, Defendant(s) resides in the city in which this action is brought, or
transacted business in person or through an agent within the city in which this action is brought and the
instant cause of action arose out of said transaction.
SECOND: Plaintiff is the Original Creditor as defined in CPLR§105(g-1).
THIRD: Based upon a reasonable inquiry, the Statute of Limitations for the cause of action
asserted herein has not expired
FOURTH: That the Defendant(s) entered into a non-revolving credit agreement (``Agreement``) with
Plaintiff , bearing an account number ending in XXXX2610, promising to repay all amounts financed plus
interest. A copy of the Agreement is attached hereto.
FIFTH: Defendant(s) defaulted in payment and pursuant to the terms of the Agreement now owes
a balance of $4,797.78 as of 1/12/2023, no part of which has been paid despite due demand; a complete
transaction history itemizing any (i) principal; (ii) finance charge or charges; (iii) fees imposed by the
original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges;
less post-sale credits or payments made by or on behalf of the Defendant, is attached hereto.
SIXTH: Upon information and belief the date of last payment on this account was 05/05/2021
in the amount of $200.00.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $4,797.78 with
interest from 1/12/2023 together with the costs and disbursements of this action.
CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent
certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined
in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not
obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this
Title. Affirmed this 3rd day of March, 2023.
____________________________
Stephen Einstein Urva S. Ahmed
Anthony S. Poulin Joseph J. Cassotta
Scott Morris Joseph G. Devine
Chester Andrew Guala
Matter # 486100
S_S_COM-BAN
2 of 18
FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023
EXHIBITS
(Agreement/Contract)
(Transaction History)
S_S_COM-BAN
3 of 18
FILED: WYOMING COUNTY CLERK of Electronic
Copy 03/24/2023 Original
03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 03/24/2023
RETAIL INSTALMENT CONTRACT
ACCOUNT # 2 610
LOT # 7DJ
Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address
JUSTIN J CARYL N/A GEM AUTO SALES
37 HURD ST PB 168 3857 RTE 104
Apt. # LOT 9 WILLIAMSON, NY 14589
CASTILE, NY 14427
"You" "Your'' "We"
and mean each Buyer above, jointly and severally. "Us", and mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle
described below for cash or credit. The cash ce is shown on Page 2 as the "Cash Price". The credit price is shown below as "Total Sale Price". You have agreed
to buy the Vehicle from Us on credit for the otal Sale Price. You acknowledge der and acceptance of the Vehicle in good condition and repair. You promise
to pay Us all amounts due under this Retail Instalment Contract ("Contract"), including Total Sale Price, in accordance with the payment schedule shown in the
Truth in Lending Disclosures below. You also agree in the terms and conditions below (including the Truth in Lending Disclosures) and on the additional pages
of this Contract. You agree to pay Us a credit service charge at the Annual Percentage Rale shown below. The Annual Percentage Rate may be negotiable with Us.
I I
Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading
Us e d 2009 Kia Sportage 4D SUV 4WD 4cyl RED KNDJE724497655751 68,810
TRUTH IN LENDING DISCLOSURES
Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The total cost of Your
RATE The dollar amount The amount of credit The amount You will purchase on credit,
The cost of Your the credit will cost provided to You or on have paid after You including Your
credit as a yearly You. Your behalf. have made all payments down payment of
rate. as scheduled-
23.9 9 % $ 5 , 754.92 $ 3 , 000 " 00 Is
$ 10,192.60 $ 15,947.52 $18,947.5 2
Payment Schedule: Your payment schedule will be:
No. of Payments Amount of Payments When Payments Are Due
$
$
48 $ 332 .24 Monthly beginning March 24, 2016
GSEMEEEAdditional Information: Please read this this Contract for any additional
eBSE information about nonpayment,
ORIGINAL
default, any required repayment
in full before the scheduled date, and prepayment refunds and penalties.
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH
ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US. The collision coverage deductible may not exceed $500.
ARBITRATION: This Contract contains an Arbitration Clause that states You and We ma elect to resolve an dispute by arbitration
and not b court action. See the Arbitration Clause on Page 5 of this Contract for the ull terms and condi ions of the Arbitration
Clause. y initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration
Clause.
C >Buyer Initials: Buyer Initials:
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.
Guía para compradores de vehiculos usados. La información que ve en el formulario de la ventanilla para este vehiculo 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.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY
REFERENCE.
Buyer's Initials
NEWYORKCREDITACCEPTANCECORPORATION(O4-14)
© 2012 - 2014 Credit Acceptance Corporation. Buyer's Initials
AII Rights Reserved. PAGE 1 of 5
4 isof
The original retail installment contract 18 to Credit Acceptance Corporation.
assigned
This was created on 02/24/2016
FILED: WYOMING COUNTY CLERK of Electronic
Copy 03/24/2023 Original
03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 03/24/2023
ITEMIZATION OF AMOUNT FINANCED
10, 4 50 . 00
1. Cash Price (including accessories and improvements to the Vehicle) ......................................................................................... $ (3 y
961. 60
2. Sales Tax........................................................................................................................................................................................ $ (2)
3. Down-Payment Calculation: Cash Down Payment .........................................................$ 3, 000 . 00
Deferred Down Payment ....................................................... N/A
$
N/A
Trade-In scription: Gross Trade-In..............$ (C)
Make:
N/A N/A
Model: Payoff Made by Seller...$
"0" 0 . 00
Net Trade-In (If negative number, Insert in line 3(E) and itemize difference in 5(E) below) (C-D) ... $ (E)
3 , 000 .
Total Down Payment ............................................ (A + B + E) $ 00(3)
4. Unpaid Balance of Cash Price (1+ 2 less 3) ................................................................................................................................$ 8, 411.
60(4)
5. Other Charges Including Amounts Paid to Others on Your Behalf:
*(NOTICE: A portion of these charges may be paid to or retained by Us.)
N/A
A. *Cost of Required Physical Damage Insurance Paid to Insurance Company ..................................... $
B. *Cost of Optional 1, 5 70 . 00
Warranty or Service Contract Paid to the Company named below......... $
Extended
N/A
C. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest..........$ (C)
115. 00
D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ....................... $ (D)
Othe C rges (Seller must identify who will receive payment and describe purpose)
N/A
IÎ'Pa
.°o
Seller XÖ 5`*Ñ -F 75.00
New York State EMISSION TEST FEE 21.00
G. *to for
N/A N/A N/A
H. *to for
N/A N/A N/A
I. *to for $
Total of Other Charges and Amounts Paid to Others on Your Behalf ........................................................................................... $ 1, 7 81. 00(5)
6. Less Prepaid Finance Charge ....................................................................................................................................................... $ N/A(s)
7. Amount Financed - Unpaid Balance (4 + 5 less 6)..................................................................................................................... 10, 192 .
$ 60(7)
OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an optional extended warranty or
service contract as a condition of purchasing this Vehicle on credit, by signing below You are indicating that You voluntarily elect to buy an optional
extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer
to the optional extended warranty or service contract for details about coverage and duration.
Price $ 1, 570 . 00 Term: 24 Mos. \ 24000 Miles Company: First Automotive Service Corp
$Be9PeF½t'SGTRON400R@GINAL
NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled
to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount
due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled
in and that You have read it and understand it.
RETAIL INSTALMEglT CONTRACT
Ruyer's Signature: x Buyer's Signature: x
Seller: GEM AUTO SALES By: 4884 8 8 Title: AGENT
24th , 2016
This Contract is signed by the Seller and Buyer(s) hereto this day of February
NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and
conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make all future payments to: CREDIT
ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
Seller: GEM AUTO SALES By: Title: AGENT
NEWYORKCREDITACCEPTANCECORPORATION(O4-14)
© 2012 -2014 Credit Acceptance Corporation.
AII Rights Reserved. PAGE 2 of 5
5 isof
The original retail installment contract 18 to Credit Acceptance Corporation.
assigned
This was created on 02/24/2016
FILED: WYOMING COUNTY CLERK of Electronic
Copy 03/24/2023 Original
03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 03/24/2023
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2). AII money or goods received (proceeds)
for the Vehicle; 3). AII insurance, maintenance, service or other contracts We finance for You; and 4). AII proceeds from insurance, maintenance,
service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in
any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate
of title show our security interest (lien) in the Vehicle.
Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as
stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You.
Bad Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like
instrument given by You to Us that is returned by Your bank because of insufficient funds or because Your bank account was closed.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You will not remove the Vehicle from the United States or Canada without our written permission.
- You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
- You will not expose the Vehicle to misuse or confiscation.
- You will not permit any other lien or security interest to be placed on the Vehicle.
- You will preserve and protect the Vehicle and keep it in good condition and repair.
- You will not use the Vehicle in a trade or business without our written consent.
- You will not use the Vehicle unlawfully or abandon it. If a governmental the Vehicle, You will notify Us immediately
agency impounds
and regain possession of the Vehicle. We may regain possession of the Vehicle and treat it as a default.
- You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair
bills, storage bills, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us.
- You will permit Us to inspect the Vehicle at any reasonable time.
- You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest.
- You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any
information provided in connection with this Contract.
- You will promptly provide Us with any additional personal or financial information You or any information about the Vehicle
concerning
that We may reasonably request from time to time.
- You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund
credit of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method. We will apply the credit
to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. We will retain a
$15.00 acquisition fee before calculating any refund credit as permitted by law. We will not credit or refund amounts less than $1.00, if permitted
by applicable law.
If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a
prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this
Contract is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled amount due.
g Y i i this
ng his , ce w s in
t We bu . If W in ,
b su which covers o ur interest y money a nce wi e sec .
We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverage, We will let You know what type it
is and the charge You must pay. The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage
Rate shown on this Contract. You agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment
shown on the Payment Schedule.
If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance.
If applied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as
a partial payment.
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or
warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds
of unearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us, it may be
credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest
in the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account
in accordance with the Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if:
- You fail to pay any amount due under this Contract when it is due.
- You break any of Your other promises You made in this Contract.
- A proceeding in bankruptcy, or insolvency is started by You or against You or Your property.
receivership
If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice
to You, unless We are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what
You owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full.
Buyer's Initials
NEWYORKCREDITACCEPTANCECORPORATION(04-14)
© 2012 -2014 Credit Acceptance Corporation. Buyer's Initials
AII Rights Reserved. PAGE 3 of 5
6 isof
The original retail installment contract 18 to Credit Acceptance Corporation.
assigned
This was created on 02/24/2016
FILED: WYOMING COUNTY CLERK of Electronic
Copy 03/24/2023 Original
03:33 PM INDEX NO. 9001414
NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance
RECEIVED NYSCEF: 03/24/2023
ADDITIONAL TERMS AND CONDITIONS (cont.)
Starter Interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/or
global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when
permissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure
Your default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no
more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours.
Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device.
Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property,
or the property where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any accessories, equipment or replacements will
remain with the Vehicle. You hereby acknowledge and agree that any personal property contained within the Vehicle may be removed and held
without liability to Us or our agent. It is Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your
personal property. You are responsible for paying all reasonable charges associated with the repossession.
Getting the Vehicle Back After Repossession. If We repossess the Vehicle, You have the right to get it back (redeem). If We repossess the
Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by only paying all amounts
past due including late charges and any expenses We incurred in retaking, holding, storing and preparing the Vehicle for sale. Your right to redeem
the Vehicle ends when We sell, lease, license or otherwise dispose of any or all of the Vehicle in its present condition or following any commercially
reasonable preparation or processing.
Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to
Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period
of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt.
The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, processing and selling the Vehicle, and
any attorney fees and court costs, if permitted by law, will be subtracted from the selfing price.
If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example,
We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle.
If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask
for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us.
WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE
ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES,
EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR
SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT.
THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE
MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS.
Collection Costs. If We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney's fees
n a d u s i
-ng ts es I
th mple, e can ime rm some en wi ing o ers. ha rms mu e in
writing and signed by Us. No oral changes are binding. If any pa of this Contract is not valid, all other pa will remain enforceable.
Interest After Maturity. You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or at
the highest rate permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision,
matunty means the earlier of the date Your final payment is due or the date We accelerate the Contract.
Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law.
Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except
to the extent preempted by applicable federal law.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER GOODS OR SERVICES
OF OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
ASSIGNMENT
FOR VALUE RECElVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and in and to the Vehicle
described herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee"), its successors and assigns, pursuant to and in accordance with the
terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee
full power, either in Assignee's name or in Seller's name, to take all actions which Seller could have taken under this Contract. In
Preview
FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023 CONSUMER CREDIT TRANSACTION Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index № COUNTY OF WYOMING X Credit Acceptance Corporation SUMMONS Plaintiff, Plaintiff's Address: -against- 25505 West Twelve Mile Rd., Suite 3000 Justin Caryl Southfield MI 48034 Defendant(s). The Basis of Venue is: CPLR SEC. 503(f). Defendants residence is in the County of WYOMING. X Defendant(s) Address: DEF1- 3796 WALKER RD, PERRY NY 14530-9721 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Dated: March 3, 2023 Matter # 486100 ____________________________ Stephen Einstein Urva S. Ahmed Anthony S. Poulin Joseph J. Cassotta Scott Morris Joseph G. Devine Chester Andrew Guala Tromberg, Morris & Poulin, PLLC. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 *SM0000486100* S_S_SUP-SUM 1 of 18 FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023 SUPREME COURT OF THE STATE OF NEW YORK INDEX №: COUNTY OF WYOMING Credit Acceptance Corporation Plaintiff, -against- COMPLAINT Justin Caryl Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: FIRST: The Plaintiff is an active foreign entity authorized to transact business in the State of New York and the original creditor in the subject matter of this lawsuit. Upon information and belief, at all times hereinafter mentioned, Defendant(s) resides in the city in which this action is brought, or transacted business in person or through an agent within the city in which this action is brought and the instant cause of action arose out of said transaction. SECOND: Plaintiff is the Original Creditor as defined in CPLR§105(g-1). THIRD: Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired FOURTH: That the Defendant(s) entered into a non-revolving credit agreement (``Agreement``) with Plaintiff , bearing an account number ending in XXXX2610, promising to repay all amounts financed plus interest. A copy of the Agreement is attached hereto. FIFTH: Defendant(s) defaulted in payment and pursuant to the terms of the Agreement now owes a balance of $4,797.78 as of 1/12/2023, no part of which has been paid despite due demand; a complete transaction history itemizing any (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges; less post-sale credits or payments made by or on behalf of the Defendant, is attached hereto. SIXTH: Upon information and belief the date of last payment on this account was 05/05/2021 in the amount of $200.00. WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $4,797.78 with interest from 1/12/2023 together with the costs and disbursements of this action. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 3rd day of March, 2023. ____________________________ Stephen Einstein Urva S. Ahmed Anthony S. Poulin Joseph J. Cassotta Scott Morris Joseph G. Devine Chester Andrew Guala Matter # 486100 S_S_COM-BAN 2 of 18 FILED: WYOMING COUNTY CLERK 03/24/2023 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/24/2023 EXHIBITS (Agreement/Contract) (Transaction History) S_S_COM-BAN 3 of 18 FILED: WYOMING COUNTY CLERK of Electronic Copy 03/24/2023 Original 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 03/24/2023 RETAIL INSTALMENT CONTRACT ACCOUNT # 2 610 LOT # 7DJ Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address JUSTIN J CARYL N/A GEM AUTO SALES 37 HURD ST PB 168 3857 RTE 104 Apt. # LOT 9 WILLIAMSON, NY 14589 CASTILE, NY 14427 "You" "Your'' "We" and mean each Buyer above, jointly and severally. "Us", and mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle described below for cash or credit. The cash ce is shown on Page 2 as the "Cash Price". The credit price is shown below as "Total Sale Price". You have agreed to buy the Vehicle from Us on credit for the otal Sale Price. You acknowledge der and acceptance of the Vehicle in good condition and repair. You promise to pay Us all amounts due under this Retail Instalment Contract ("Contract"), including Total Sale Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures below. You also agree in the terms and conditions below (including the Truth in Lending Disclosures) and on the additional pages of this Contract. You agree to pay Us a credit service charge at the Annual Percentage Rale shown below. The Annual Percentage Rate may be negotiable with Us. I I Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading Us e d 2009 Kia Sportage 4D SUV 4WD 4cyl RED KNDJE724497655751 68,810 TRUTH IN LENDING DISCLOSURES Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The total cost of Your RATE The dollar amount The amount of credit The amount You will purchase on credit, The cost of Your the credit will cost provided to You or on have paid after You including Your credit as a yearly You. Your behalf. have made all payments down payment of rate. as scheduled- 23.9 9 % $ 5 , 754.92 $ 3 , 000 " 00 Is $ 10,192.60 $ 15,947.52 $18,947.5 2 Payment Schedule: Your payment schedule will be: No. of Payments Amount of Payments When Payments Are Due $ $ 48 $ 332 .24 Monthly beginning March 24, 2016 GSEMEEEAdditional Information: Please read this this Contract for any additional eBSE information about nonpayment, ORIGINAL default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US. The collision coverage deductible may not exceed $500. ARBITRATION: This Contract contains an Arbitration Clause that states You and We ma elect to resolve an dispute by arbitration and not b court action. See the Arbitration Clause on Page 5 of this Contract for the ull terms and condi ions of the Arbitration Clause. y initialing below, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. C >Buyer Initials: Buyer Initials: 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. Guía para compradores de vehiculos usados. La información que ve en el formulario de la ventanilla para este vehiculo 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. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. Buyer's Initials NEWYORKCREDITACCEPTANCECORPORATION(O4-14) © 2012 - 2014 Credit Acceptance Corporation. Buyer's Initials AII Rights Reserved. PAGE 1 of 5 4 isof The original retail installment contract 18 to Credit Acceptance Corporation. assigned This was created on 02/24/2016 FILED: WYOMING COUNTY CLERK of Electronic Copy 03/24/2023 Original 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 03/24/2023 ITEMIZATION OF AMOUNT FINANCED 10, 4 50 . 00 1. Cash Price (including accessories and improvements to the Vehicle) ......................................................................................... $ (3 y 961. 60 2. Sales Tax........................................................................................................................................................................................ $ (2) 3. Down-Payment Calculation: Cash Down Payment .........................................................$ 3, 000 . 00 Deferred Down Payment ....................................................... N/A $ N/A Trade-In scription: Gross Trade-In..............$ (C) Make: N/A N/A Model: Payoff Made by Seller...$ "0" 0 . 00 Net Trade-In (If negative number, Insert in line 3(E) and itemize difference in 5(E) below) (C-D) ... $ (E) 3 , 000 . Total Down Payment ............................................ (A + B + E) $ 00(3) 4. Unpaid Balance of Cash Price (1+ 2 less 3) ................................................................................................................................$ 8, 411. 60(4) 5. Other Charges Including Amounts Paid to Others on Your Behalf: *(NOTICE: A portion of these charges may be paid to or retained by Us.) N/A A. *Cost of Required Physical Damage Insurance Paid to Insurance Company ..................................... $ B. *Cost of Optional 1, 5 70 . 00 Warranty or Service Contract Paid to the Company named below......... $ Extended N/A C. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest..........$ (C) 115. 00 D. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ....................... $ (D) Othe C rges (Seller must identify who will receive payment and describe purpose) N/A IÎ'Pa .°o Seller XÖ 5`*Ñ -F 75.00 New York State EMISSION TEST FEE 21.00 G. *to for N/A N/A N/A H. *to for N/A N/A N/A I. *to for $ Total of Other Charges and Amounts Paid to Others on Your Behalf ........................................................................................... $ 1, 7 81. 00(5) 6. Less Prepaid Finance Charge ....................................................................................................................................................... $ N/A(s) 7. Amount Financed - Unpaid Balance (4 + 5 less 6)..................................................................................................................... 10, 192 . $ 60(7) OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an optional extended warranty or service contract as a condition of purchasing this Vehicle on credit, by signing below You are indicating that You voluntarily elect to buy an optional extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the optional extended warranty or service contract for details about coverage and duration. Price $ 1, 570 . 00 Term: 24 Mos. \ 24000 Miles Company: First Automotive Service Corp $Be9PeF½t'SGTRON400R@GINAL NOTICE TO BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the credit service charge. 4. According to law you have the privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of your own selection. You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and that You have read it and understand it. RETAIL INSTALMEglT CONTRACT Ruyer's Signature: x Buyer's Signature: x Seller: GEM AUTO SALES By: 4884 8 8 Title: AGENT 24th , 2016 This Contract is signed by the Seller and Buyer(s) hereto this day of February NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make all future payments to: CREDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. Seller: GEM AUTO SALES By: Title: AGENT NEWYORKCREDITACCEPTANCECORPORATION(O4-14) © 2012 -2014 Credit Acceptance Corporation. AII Rights Reserved. PAGE 2 of 5 5 isof The original retail installment contract 18 to Credit Acceptance Corporation. assigned This was created on 02/24/2016 FILED: WYOMING COUNTY CLERK of Electronic Copy 03/24/2023 Original 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 03/24/2023 ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2). AII money or goods received (proceeds) for the Vehicle; 3). AII insurance, maintenance, service or other contracts We finance for You; and 4). AII proceeds from insurance, maintenance, service or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle. Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You. Bad Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like instrument given by You to Us that is returned by Your bank because of insufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You will not remove the Vehicle from the United States or Canada without our written permission. - You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. - You will not expose the Vehicle to misuse or confiscation. - You will not permit any other lien or security interest to be placed on the Vehicle. - You will preserve and protect the Vehicle and keep it in good condition and repair. - You will not use the Vehicle in a trade or business without our written consent. - You will not use the Vehicle unlawfully or abandon it. If a governmental the Vehicle, You will notify Us immediately agency impounds and regain possession of the Vehicle. We may regain possession of the Vehicle and treat it as a default. - You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills, storage bills, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the amount to Us. - You will permit Us to inspect the Vehicle at any reasonable time. - You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest. - You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any information provided in connection with this Contract. - You will promptly provide Us with any additional personal or financial information You or any information about the Vehicle concerning that We may reasonably request from time to time. - You will immediately notify Us if You change Your name or address. Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund credit of part of the pre-computed finance charge. This credit will be calculated in accordance with the actuarial method. We will apply the credit to the amount You owe Us or if You paid Us more than the amount owed to Us under this Contract, We will refund it to You. We will retain a $15.00 acquisition fee before calculating any refund credit as permitted by law. We will not credit or refund amounts less than $1.00, if permitted by applicable law. If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a prepayment will not excuse any later scheduled payments. You must still make all scheduled payments on time until Your obligation under this Contract is paid in full. If You make a partial prepayment Your last payment or payments may be less than the scheduled amount due. g Y i i this ng his , ce w s in t We bu . If W in , b su which covers o ur interest y money a nce wi e sec . We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverage, We will let You know what type it is and the charge You must pay. The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage Rate shown on this Contract. You agree to pay the amount and finance charge within 10 days or in equal instalments along with the payment shown on the Payment Schedule. If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance. If applied to Your account balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as a partial payment. Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds of unearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for required insurance is returned to Us, it may be credited to Your account in accordance with the Prepayment section of this Contract or used to buy similar insurance which covers only our interest in the Vehicle. Any refund on optional insurance, maintenance, service, warranty or other contracts obtained by Us will be credited to Your account in accordance with the Prepayment section of this Contract. Default and Acceleration of the Contract. You will be in default if: - You fail to pay any amount due under this Contract when it is due. - You break any of Your other promises You made in this Contract. - A proceeding in bankruptcy, or insolvency is started by You or against You or Your property. receivership If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice to You, unless We are required by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. In figuring what You owe, We will give You a refund of part of the Finance Charge figured the same as if You had prepaid Your obligation under this Contract in full. Buyer's Initials NEWYORKCREDITACCEPTANCECORPORATION(04-14) © 2012 -2014 Credit Acceptance Corporation. Buyer's Initials AII Rights Reserved. PAGE 3 of 5 6 isof The original retail installment contract 18 to Credit Acceptance Corporation. assigned This was created on 02/24/2016 FILED: WYOMING COUNTY CLERK of Electronic Copy 03/24/2023 Original 03:33 PM INDEX NO. 9001414 NYSCEF DOC. NO. 1 Not required to mail or fax this copy to Credit Acceptance RECEIVED NYSCEF: 03/24/2023 ADDITIONAL TERMS AND CONDITIONS (cont.) Starter Interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/or global positioning system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when permissible law and the terms of this Contract allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your default in order to restart the Vehicle. You acknowledge that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure for additional information on the Device. Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property, or the property where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any accessories, equipment or replacements will remain with the Vehicle. You hereby acknowledge and agree that any personal property contained within the Vehicle may be removed and held without liability to Us or our agent. It is Your responsibility to promptly and immediately contact Us to make arrangements for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession. Getting the Vehicle Back After Repossession. If We repossess the Vehicle, You have the right to get it back (redeem). If We repossess the Vehicle solely as a result of Your failure to make a payment when it is due, You have the right to redeem the Vehicle by only paying all amounts past due including late charges and any expenses We incurred in retaking, holding, storing and preparing the Vehicle for sale. Your right to redeem the Vehicle ends when We sell, lease, license or otherwise dispose of any or all of the Vehicle in its present condition or following any commercially reasonable preparation or processing. Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your last known address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of time as is required by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt. The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, processing and selling the Vehicle, and any attorney fees and court costs, if permitted by law, will be subtracted from the selfing price. If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example, We may be required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle. If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for it. If You do not pay this amount when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us. WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT. THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS. Collection Costs. If We hire an attorney to collect what You owe and the attorney is not our salaried employee, You will pay the attorney's fees n a d u s i -ng ts es I th mple, e can ime rm some en wi ing o ers. ha rms mu e in writing and signed by Us. No oral changes are binding. If any pa of this Contract is not valid, all other pa will remain enforceable. Interest After Maturity. You further agree to pay Us a credit service charge at the Annual Percentage Rate stated on Page 1 of this Contract or at the highest rate permitted by applicable law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision, matunty means the earlier of the date Your final payment is due or the date We accelerate the Contract. Judgment Rate. Interest on any judgment awarded on this Contract will be at 9% or at the highest rate permitted by applicable law. Governing Law. The terms of this Contract are governed by the law of the state of the Seller's address shown on Page 1 of this Contract, except to the extent preempted by applicable federal law. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER GOODS OR SERVICES OF OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSIGNMENT FOR VALUE RECElVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and in and to the Vehicle described herein, to CREDIT ACCEPTANCE CORPORATION ("Assignee"), its successors and assigns, pursuant to and in accordance with the terms and conditions set forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, either in Assignee's name or in Seller's name, to take all actions which Seller could have taken under this Contract. In