Preview
16-2022-CC-014293-XXXX-MA Div: CC-J
Filing # 159532750 E-Filed 10/19/2022 11:52:06 AM
IN THE COUNTY COURT IN AND FOR DUVAL COUNTY, FLORIDA
Westlake Services, LLC, dba Westlake
Financial Services CASE NO.:
Plaintiff,
COMPLAINT FOR DAMAGES
vs.
MONASHIA MOORE,
Defendant.
Plaintiff, Westlake Services, LLC, dba Westlake Financial Services, complains of
Defendant, MONASHIA MOORE, and would respectfully show the following:
GENERAL ALLEGATIONS
This is an action for damages that are within the jurisdictional limits of this court
exclusive of costs and attorney’s fees.
Venue of this action is proper in the county named above because the Defendant is a
resident of this county, or because the Defendant executed the subject agreement in this
county.
Upon Defendant’s request Plaintiff issued a Retail Installment Sale Contract (“the
Contract”) in the name of Defendant.
On or about June 25, 2019, Defendant entered into the Contract with Plaintiff.
A true copy of the Contract is attached as Exhibit A and incorporated herein by reference
as if fully set forth verbatim.
Through its undersigned attorney Plaintiff has demanded payment from Defendant.
Defendant has not satisfied such demand.
Plaintiff has performed all conditions precedent to the filing of this action, or all such
conditions precedent have occurred.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/20/2022 08:32:04 AM
9 Plaintiff has been forced to retain law firm Andreu, Palma, Lavin & Solis, PLLC, for
representation in this action.
CAUSE OF ACTION
INSTALLMENT CONTRACT DEFICIENCY
Plaintiff readopts and re-alleges allegations one (1) through nine (9) above and further
states as follows:
10. Pursuant to the Contract, attached as Exhibit A, an in reliance on the terms and conditions
stated therein, Defendant promised to make payments as required therein.
11 Defendant defaulted on the obligation to make payments under the Contract.
12. Upon Defendant’s default under the Contract Plaintiff gave all notices required by the
Contract and applicable law.
13 Plaintiff properly accelerated the balance of principal.
14. Pursuant to the Contract and applicable state law, Plaintiff took possession of the
collateral securing the debt.
15 Plaintiff gave Defendant all notices required by the Contract and applicable law.
16. Plaintiff disposed of the collateral in a commercially reasonable manner.
17. A true copy of the Notice of Intent to Sell is attached as Exhibit B and incorporated
herein by reference.
18 After applying the net proceeds of the sale to the debt and any other credits, a deficiency
balance of $9,063.88 remains due and owing.
19. A true copy of the Calculation of Surplus/Deficiency is attached as Exhibit B and
incorporated herein by reference.
20. Plaintiff seeks judgment for the deficiency balance.
21 Pursuant to the terms of the Contract Plaintiff is entitled to recover reasonable attorney’s
fees and court costs for the pursuit of this action. Such amount is subject to determination
by the Court, and Plaintiff requests that the Court award attorney’s fees in the amount
that is determined to be reasonable in this action, together with all taxable costs.
WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to
appear and answer, and that upon final hearing, Plaintiff have judgment in the sum of $9,063.88
together with attorney’s fees, post judgment interest at the legal rate, court costs as described
herein, and all such other relief to which Plaintiff may be justly entitled.
Respectfully submitted,
ANDREU, PALMA, LAVIN, & SOLIS, PLLC
[t/(Obkeandra Plliusee, CSQ-FENM 1015987
887 Donald Ross Road
Juno Beach, FL 33408
Tel. (877)229-5972
Fax. (800)391-2178
Email: eservice@andreupalma.com
2274005261
I
WE ARE DEBT COLLECTORS. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
HEREIN WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
FL-103-ARB 10/10/2015
Retail Installment Contract and Security Agreement
Seller Name and Address Buyer(s) Name(s) and Address(es) Summary
NO PROBLEM AUTO LLC Monashia Moore No. App# I 5300 - V#t 3
3750 Beach Blvd 7357 Gum Tree Rd pate 6/25/2019
Jacksonville, FL 32207 Jacksonville, FL 32244
Buyers’ Month of Birth September
C Business, commercial or agricultural purpose Contract.
Documentary Stamp Tax. Florida documentary stamp tax required by law in the amount of $ 48.30 has been paid or will be paid directly to the
Florida Department of Revenue. Certificate of Registration No.
ee LL MOLEX aL hed
Annual Percentage Rate ‘inance ch ge Amount Financed Total of Payments’ Total Sale Price
The cast of your creit as a yearly dollar amount the cr
amigant of dit provided tg The ar illhi The total cost of your purchase on
cost you. burbi when ya men de credit, including your down
payment of
1000.00
18.49 » ¢ 6750.32 31 49.16 ¢ 20499.48 21499.48
Payment Schedule. Your payment schedule is:
No. of Payments Amount of Payments When Payments are Due
54 $ 379.62 Monthly, Beginning 08/09/19
$
'Security. You are giving us a security interest in the Property purchased.
[Late Charge. If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5% of the unpaid amount of the payment due.
|Prepayment. If you pay off this Contract y. you jave to pay a penal
Contract Provisions. You can see the; of this Contra pears oenesogen math ar omen before the scheduled date, and
prepayment refunds
and penalties.
9) a ty Ps yt
2013
Year Make
Chrysler 300
Model
scio
| ii
n”i
Odometer Mileage
84448
O New
OW Used
O demo
Payment. You promise to pay us the principal amount of
3 13749. plus finance charges accruing on the unpaid
balance at the rate of. 18.49 % per year from the date of this Contract
until paid in full. You agree to pay this Contract according to the payment schedule and late
charge provisions shown in the Truth-/n-Lending Disclosure. You also agree to pay any
1 Conditional Delivery. If checked, you agree that the following agreement regarding
additional amounts according to the terms and conditions of this Contract.
securing financing {"Agreement”) applies:
. The is part of this Contract. The
Agreement will no longer control after the assignment is accepted. If there are any Down Payment. You also agree to pay or apply to the Cash Price, on or before the date of
conflicts between the terms of the Agreement and the Contract, the terms of this Contract this Contract, ay cash, rebate and net trade-in value described in the /temization
will apply Amount.
You agree to make deferred down payments as set forth in your Payment Schedule.
Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016
Ban} ‘SystemsTM
Wolters Kkiwor Fnencal Services © 2016 Page 1 of 6
The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian,
on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11:
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
C Loan Processing Fee. You agree to pay a loan processing fee of
§ N/A that will be (1 paid in cash. Credit Insurance. Credit life and credit disability (accident and health) are not required to
(financed over the term of the Contract. obtain credit and are not a factor in the credit decision. We will not provide them unless you
sign and agree to pay the additional premium. If you want such insurance, we will obtain it
[X] Pre-delivery Service Fee. You agree to pay a pre-delivery service fee of for you (if you qualify for coverage). We are quoting below only the coverages you have
chosen to purchase.
3 499.00 that will be (1 paid in cash. Credit Life
financed over the term of the Contract. This charge represents costs and profit to OO Single D Joint None
‘the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing Premium $ N/A Term
documents related to the sale. Insured
(2 Minimum Finance Charge. You agree to pay a minimum finance charge of Credit Disability
$ N/A if you pay this Contract in full before we have CO Single CO Joint Of None
earned that much in finance charges. Premium $ Term
Insured
a. Price of Vehicle, etc. (incl. sales tax of Your signature below means you want (anly) the insurance coverage(s) quoted above. If
“None is checked, you have declined the coverage we offered.
3 870.86 ) § 12295.86
b. Pre-delivery service fee 499.00
c. Cash Price (a+b) 12794.86
NC
SIL
Trade-in allowance
By: DOB
Less: Amount owing, paid to (includes,m):
N/A
Net trade-in (¢-; if negative, enter $0 Sot
enter the amount on line m) N/A
Cash payment.
By DOB
Manufacturer's rebate N/A
Deferred down payment N/A
Other down payment (describe)
N/A
N/A By: DOB
Down Payment (f+g+h+i+j) 1000.00
Unpaid balance of Cash Price (c-) 11794.86 Property Insurance. You must insure the Property. You may purchase or provide the
Financed trade-in balance (see line f) N/A insurance through any insurance company reasonably acceptable to us. The collision
Paid to public officials, including filing fe 400.00 coverage deductible may not exceed $ N/A If you get
insurance from or through us you will pay $ NIA for
Mia |
Insurance premiums paid to insurance c ies) IS], of coverage.
{See Insurance section for coverage and
benefits types.) im is calculated as folto
Service Contract, paid
Marathon Administrative Ga
To: Documentary Stamp Tax
| soso
48.30
Ded
tb
Fire-Theft and Combined Additional Cov.
cn
Collisi
ve $
N/A
N/A
N/A
N/A
N/A
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND
N/A
Ni PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED
N/A UNLESS CHECKED AND INDICATED
N/A
To: N/A
N/A
To: N/A
aa,2. Total Other Charges/Amts Paid (m thru z) 1954.30
bb. Prepaid Finance Charge N/A
ce. Amount Financed (I+2a-bb) 13749.16 [This area intentionally left blank.]
We may retain or receive a portion of any amounts paid to athers.
Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016
Ban} ‘SystemsTM
Wolters Kkiwor Fnencal Services © 2016 Page 2 of 6
The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian,
on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11:
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
C1 Single-Interest Insurance. You must purchase single-interest insurance. The
coverage may be obtained from a company of your choice, reasonably acceptable to us. If Definitions. Contract” refers to this Retail Installment Contract and Security Agreement.
you buy the coverage from or through us, you will pay
IA refer to each Buyorsi ing this Contract, and any
$ for guarantors, jointly and individually. The pronouns “we”, “us” and “our” refer to the Seller
of coverage. This insurance is solely for the interest of the Seller, its successors and and any entity to which it may transfer this Contract. "Vehicle” means each motor vehicle
assigns, and no protection exists for your benefit. You authorize us to purchase described in the Description of Property section. “Property” means the Vehicle and all other
‘Single-Interest Insurance. property described in the Description of Property and Additional Protections sections.
Purchase of Property. You agree to purchase the Property from Seller, subject to the
terms and conditions of this Contract. Seller will not make any repairs or additions to the
"Wlonashia WMasre 6/25/2019
Vehicle except as noted in the Description of Property section.
You have been given the opportunity to purchase the Property and described services for
By: Monashia Moore Date the Cash Price or the Total Sale Price. The "Total Sale Price” is the total price of the
Property if you buy it over time.
Deferment. We may agree to defer the scheduled due date of all or any part of any
installment payment, and will collect a $15.00 fee for such deferment. You must maintain
the insurance on the Property required by this Contract during any deferment period. You
By: Date may extend any optional insurance you bought with this Contract if the insurance company
‘oF your insurance contract allows the extension and if you pay the extension charge. In
addition to the $15.00 deferment fee and the costs of extending required or optional
insurance, you will also be required to pay additis charges as a result of
exercising the deferment option.
By: Date
I Te The Total hor Fruth-In-L Disclosure assumes
l payt its will be duled. actual amount you will pay will be more
if you p and less if
Cel Eee Ted tendto arco
We do’ not agree to pay, any finance charge or
You may buy any ofthe following voluntaiy pratéction plans’ reno fee thatis more than the ma mum for this sale by state or federal law.
to obtain credit, are not a factor in the credit decision, and are not a factor in the If you pi a finance charge or fee that excoods that maximum amount, we will first apply
‘terms of the credit or the related sale of the Vehicle. The voluntary pr tections-will th sess amount luce the principal balance and, when the principal has been paid in
not be provided unless you sign and agree to pay the additional cost. full ef any remaining amount to you
Your signature below means that you want the described item and that you have received You understand and agree that some payments to third parties as a part of this Contract
and reviewed a copy of the contracts) for the product(s). If no coverage or charge is given may involve money retained by us or paid back to us as commissions or other remuneration.
for an item, you have declined any such coverage we offered. You agree that the Property will not be used as a dwelling.
& Service Contract Prepayment. You may prepay this Contract in full or in part at any time. We may impose
24 months or 24000 miles an acquisition charge of $75.00 for services performed in processing this Contract if it is
Term paid in full within 6 months after the Contracts effective date. Any partial prepayment will
Price + 1506.00 not excuse any later scheduled payments. If we get a refund of any unearned insurance
Coverage Advantage
—_ peo lat you paid, you agree that we may btract the refund from the amount you
otherwise provided by law.
=
CO Gap Wai or Gap Coverage Pays If youn any pi ent required by this Contract that is
Term dishonafed, youagre to pal service charge that is the greater of 5% of the
Price + N/A_| Ty ce al
nds
it of instrument, {i
fers), of: $25.00, if
g orders
lue of
payment, debit card orders, or electronic
instrument does not exceed $50.00;
Coverage 30.00) face /alue 0 but doesnot $300.00; $40.00 if the face
ZN 4X
Term jover Law and Interpretation. This Contract is governed by the law of Florida and
Price
applicable federal law and regulations
Coverage If any section or provision of this Contract is not enforceable, the other terms will remain
part of this Contract. You authorize us to correct any clerical error or omissions in this
Contract or in any related document.
Name and Location. Your name and address set forth in this Contract are your exact legal
[Wouashia Wlosre ensmot9 name and your principal residence. You will provide us with at least 30 days notice before
you change your name or principal residence.
By: Monashia Moore
Telephone Monitoring and C You agree that we may from time to time monitor
and record telephone calls made ir received by us or our agents regarding your account to
assure the quality of our service. In order for us to service the account or to collect any
amounts you may owe, and subject to applicable law, you agree that we may from time to
By: Date time make calls and send text messages to you using prerecorded/artificial voice messages
or through the use of an automatic dialing device at any telephone number you provide to us
in connection with your account, including a mobile telephone number that could result in
charges to you.
Default. You will be in default on this Contract if any one of the following occurs (except
By: Date as prohibited by law):
© You fail to perform any obligation that you have undertaken in this Contract.
‘© We, in good faith, believe that you cannot, or will not, pay or perform the obligations
you have agreed to in this Contract.
Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016
Ban} ‘SystemsTM
Wolters Kkiwor Fnencal Services © 2016 Page 3 of 6
The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian,
on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11: M.
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
If you default, you agree to pay our court costs and fees for repossession, repair, storage © You will provide us reasonable access to the Property for the purpose of inspection.
and sale of the Property securing this Contract. You also agree to pay reasonable attorneys’ Our entry and inspection must be accomplished lawfully, and without breaching the
fees after default and referral to an attorney not a salaried employee of ours. peace.
If an event of default occurs as to any of you, we may exercise our remedies against any Agreementto Provide Insurance. You agree to provide property insurance on the
or all of you. Property protecting against loss and physical damage and subject to a maximum deductible
amount indicated in the /nsurance Disclosures section, or as we will otherwise require. You
Remedies. If you are in default on this Contract, we have all of the remedies provided by will name us as loss payee on any such policy. Generally, the loss payee is the one to be
law and this Contract. Those remedies include: paid the policy benefits in case of loss or damage to the Property. In the event of loss or
© We may require you to immediately pay us, subject to any refund required by law, the damage to the Property, we may require additional security or assurances of payment
remaining unpaid balance of the amount financed, finance charges and all other before we allow insurance proceeds to be used to repair or replace the Property. You agree
agreed charges. that if the insurance proceeds do not cover the amounts you still owe us, you will pay the
We may pay taxes, assessments, or other liens or make repairs to the Property if you difference. You may purchase or provide the insurance from any insurance provider that is
have not done so. We are not required to do so. You will repay us that amount reasonably acceptable to us. Your choice of an insurance provider will not affect the credit
immediately. That amount will earn finance charges from the date we pay it at the decision. We may impose reasonable requt jents concerning the extent of coverage and
post-maturity rate described in the Payment section until paid in full the financial soundness of the insurance provider. You will keep the insurance in full force
and effect until this Contract is paid in full.
We may require you to make the Property available to us at a place we designate that
is reasonably convenient to you and us. If you fail to obtain or maintain this insurance, or name us as loss payee, we may obtain
‘We may immediately take possession of the Property by legal process or self-help, insurance to protect our interest in the Property. This insurance may be written by a
but in doing so we may not breach the peace or unlawfully enter onto your premises. company other than one you would choose. It may be written at a rate higher than a rate
‘We may then sell the Property and apply what we receive as provided by law to our you could obtain if you purchased the property insurance required by this Contract. We will
reasonable expenses and then toward what yo we add the premium for this insurance to the amount you owe us. Any amountwe pay will be
due immediately. This amount will earn fir ce chargesje8)from the date paid at the rate
Except when prohibited by law, we u6 youfa dditional amounts if the described in the Payment section until paid in
proceeds of a sale do not pay all of t ts you d
jiver)of Gap Covers ever of f ‘or damage to the Vehicle that results
By choosing any one or more of these rer ;, we do not give ip 0 ta later in to lo ‘there may en thi jount due under the terms of the Contract
‘another remedy. By deciding
not to use a iedy,we do not g co and the proceeds of your
gap b
insurancest deductibles. You are liable for this
‘the event a default if it happens again. dit net fou have
the opti of puy sin p Waiver or Gap Coverage to cover the gap
liability, ject t any conditi d’excl +t Gap Waiver or Gap Coverage
You agree that if any notice is required to be gi oui of an inteftded-sale
or tran:
‘the Property, notice is reasonable if mailed to your last known address, as reflected in our agreent
records, at least 10 days before the date of the intended sale or transfer (or suc
period of time as is required by law). Ce Me ALLE
You agree that we may take possession of personal property left in or on the Pre PLEASE READ CAREFULLY! By agreeing to this Arbitration
securing this Contract and taken into possession as provided above. You may have a right to Provision you are giving up your right to go to court for claims
recover that property.
and disputes arising from this Contract:
If the Property has an electronic tracking device, you agree that we may use the device to @ EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE
find the vehicle.
BETWEEN YOU AND US DECIDED BY ARBITRATION, AND
Obligations Independent. Each person who signs this Contract agrees to pay this NOT BY A COURT OR BY JURY TRIAL.
Contract according to its terms. This means the following:
® YOU GIVE UP ANY RIGHT TI YOU MAY HAVE TO
You must pay this Contract even if someone els also signed it. oO RTICIPATE AS ACLASS RESENTATIVE OR CLASS
a is
‘We may release any co-buyer or g il still be obligated to pay this
NY ACTION OR CLASS ARBITRATION
We may release any security and ll still be obi ay this tract Is El RBITRATED.
If we give up any of our rights, it hot affect
If we extend new credit or renew tf Contract,
du this C
your Pp ract. ARBITRA’ ON, DI COVER
EG ER, Y
ND RIGHTS TO APPEAL
Mr D THAN IN A JUDICIAL
this Contract. oe rs ‘S THAT YOU WOULD
Warranty. Warranty information is provided to you separately. CD HAVE IN COURT MAY NOT BE AV: AILABLE.
You or we {including any assignee) may elect to resolve any Claim by neutral, binding
arbitration and not by a court action. "C/aim” means any claim, dispute or controversy
between you and us or our employees, agents, successors, assigns or affiliates arising from
‘Security. To secure your payment and per mance under the terms of this Contract, you or relating to: 1. the credit application; 2. the purchase of the Property; 3. the condition of
give us a securit interest in the Vehicle, al accessions, attachments, accessories, and the Property; 4. this Contract; 5. any insurance, maintenance, service or other contracts
‘equipment placed in or on the Vehicle and in all other Property. You also assign to us and you purchased in connection with this Contract; or 6. any related transaction, occurrence or
give us @ security interest in proceeds and premium refunds of any insurance and service telationship. This includes any Claim based on common or constitutional law, contract, tort,
contracts purchased with this Contract. statute, regulation or other ground. To the extent allowed by law, the validity, scope and
interpretation of this Arbitration Provision are to be decided by neutral, binding arbitration.
Duties Toward Property. By giving us a security interest in the Property, you represent If either party elects to resolve a Claim through arbitration, you and we agree that no trial
and agree to the following: by jury or other judicial proceeding will take place. Instead, the Claim will be arbitrated on
You will defend our interests in the Property against claims made by anyone else. You an individual basis and not on a class or representative basis.
will keep our claim to the Property ahead of the claim of anyone else. You will not do electing arbitration may choose either of the following arbitration organizations
anything to change our interest in the Property. and its applicable rules, provided it is willing and able to handle the arbitration: American
You will keep the Property in your possession and in good condition and repair. You Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019 (www. r.org) or
will use the Property for its intended and lawful purposes. JAMS, 1920 Main Street, Suite 300 Irvine, CA 92614 (www.jamsadr.com), or it may
You agree not to remove the Property from the U.S. without our prior written choose other a arbit
Preview
16-2022-CC-014293-XXXX-MA Div: CC-J Filing # 159532750 E-Filed 10/19/2022 11:52:06 AM IN THE COUNTY COURT IN AND FOR DUVAL COUNTY, FLORIDA Westlake Services, LLC, dba Westlake Financial Services CASE NO.: Plaintiff, COMPLAINT FOR DAMAGES vs. MONASHIA MOORE, Defendant. Plaintiff, Westlake Services, LLC, dba Westlake Financial Services, complains of Defendant, MONASHIA MOORE, and would respectfully show the following: GENERAL ALLEGATIONS This is an action for damages that are within the jurisdictional limits of this court exclusive of costs and attorney’s fees. Venue of this action is proper in the county named above because the Defendant is a resident of this county, or because the Defendant executed the subject agreement in this county. Upon Defendant’s request Plaintiff issued a Retail Installment Sale Contract (“the Contract”) in the name of Defendant. On or about June 25, 2019, Defendant entered into the Contract with Plaintiff. A true copy of the Contract is attached as Exhibit A and incorporated herein by reference as if fully set forth verbatim. Through its undersigned attorney Plaintiff has demanded payment from Defendant. Defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/20/2022 08:32:04 AM 9 Plaintiff has been forced to retain law firm Andreu, Palma, Lavin & Solis, PLLC, for representation in this action. CAUSE OF ACTION INSTALLMENT CONTRACT DEFICIENCY Plaintiff readopts and re-alleges allegations one (1) through nine (9) above and further states as follows: 10. Pursuant to the Contract, attached as Exhibit A, an in reliance on the terms and conditions stated therein, Defendant promised to make payments as required therein. 11 Defendant defaulted on the obligation to make payments under the Contract. 12. Upon Defendant’s default under the Contract Plaintiff gave all notices required by the Contract and applicable law. 13 Plaintiff properly accelerated the balance of principal. 14. Pursuant to the Contract and applicable state law, Plaintiff took possession of the collateral securing the debt. 15 Plaintiff gave Defendant all notices required by the Contract and applicable law. 16. Plaintiff disposed of the collateral in a commercially reasonable manner. 17. A true copy of the Notice of Intent to Sell is attached as Exhibit B and incorporated herein by reference. 18 After applying the net proceeds of the sale to the debt and any other credits, a deficiency balance of $9,063.88 remains due and owing. 19. A true copy of the Calculation of Surplus/Deficiency is attached as Exhibit B and incorporated herein by reference. 20. Plaintiff seeks judgment for the deficiency balance. 21 Pursuant to the terms of the Contract Plaintiff is entitled to recover reasonable attorney’s fees and court costs for the pursuit of this action. Such amount is subject to determination by the Court, and Plaintiff requests that the Court award attorney’s fees in the amount that is determined to be reasonable in this action, together with all taxable costs. WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to appear and answer, and that upon final hearing, Plaintiff have judgment in the sum of $9,063.88 together with attorney’s fees, post judgment interest at the legal rate, court costs as described herein, and all such other relief to which Plaintiff may be justly entitled. Respectfully submitted, ANDREU, PALMA, LAVIN, & SOLIS, PLLC [t/(Obkeandra Plliusee, CSQ-FENM 1015987 887 Donald Ross Road Juno Beach, FL 33408 Tel. (877)229-5972 Fax. (800)391-2178 Email: eservice@andreupalma.com 2274005261 I WE ARE DEBT COLLECTORS. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED HEREIN WILL BE USED FOR THAT PURPOSE. EXHIBIT A Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service. FL-103-ARB 10/10/2015 Retail Installment Contract and Security Agreement Seller Name and Address Buyer(s) Name(s) and Address(es) Summary NO PROBLEM AUTO LLC Monashia Moore No. App# I 5300 - V#t 3 3750 Beach Blvd 7357 Gum Tree Rd pate 6/25/2019 Jacksonville, FL 32207 Jacksonville, FL 32244 Buyers’ Month of Birth September C Business, commercial or agricultural purpose Contract. Documentary Stamp Tax. Florida documentary stamp tax required by law in the amount of $ 48.30 has been paid or will be paid directly to the Florida Department of Revenue. Certificate of Registration No. ee LL MOLEX aL hed Annual Percentage Rate ‘inance ch ge Amount Financed Total of Payments’ Total Sale Price The cast of your creit as a yearly dollar amount the cr amigant of dit provided tg The ar illhi The total cost of your purchase on cost you. burbi when ya men de credit, including your down payment of 1000.00 18.49 » ¢ 6750.32 31 49.16 ¢ 20499.48 21499.48 Payment Schedule. Your payment schedule is: No. of Payments Amount of Payments When Payments are Due 54 $ 379.62 Monthly, Beginning 08/09/19 $ 'Security. You are giving us a security interest in the Property purchased. [Late Charge. If all or any portion of a payment is not paid within 10 days of its due date, you will be charged a late charge of 5% of the unpaid amount of the payment due. |Prepayment. If you pay off this Contract y. you jave to pay a penal Contract Provisions. You can see the; of this Contra pears oenesogen math ar omen before the scheduled date, and prepayment refunds and penalties. 9) a ty Ps yt 2013 Year Make Chrysler 300 Model scio | ii n”i Odometer Mileage 84448 O New OW Used O demo Payment. You promise to pay us the principal amount of 3 13749. plus finance charges accruing on the unpaid balance at the rate of. 18.49 % per year from the date of this Contract until paid in full. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-/n-Lending Disclosure. You also agree to pay any 1 Conditional Delivery. If checked, you agree that the following agreement regarding additional amounts according to the terms and conditions of this Contract. securing financing {"Agreement”) applies: . The is part of this Contract. The Agreement will no longer control after the assignment is accepted. If there are any Down Payment. You also agree to pay or apply to the Cash Price, on or before the date of conflicts between the terms of the Agreement and the Contract, the terms of this Contract this Contract, ay cash, rebate and net trade-in value described in the /temization will apply Amount. You agree to make deferred down payments as set forth in your Payment Schedule. Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016 Ban} ‘SystemsTM Wolters Kkiwor Fnencal Services © 2016 Page 1 of 6 The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian, on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11: Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service. C Loan Processing Fee. You agree to pay a loan processing fee of § N/A that will be (1 paid in cash. Credit Insurance. Credit life and credit disability (accident and health) are not required to (financed over the term of the Contract. obtain credit and are not a factor in the credit decision. We will not provide them unless you sign and agree to pay the additional premium. If you want such insurance, we will obtain it [X] Pre-delivery Service Fee. You agree to pay a pre-delivery service fee of for you (if you qualify for coverage). We are quoting below only the coverages you have chosen to purchase. 3 499.00 that will be (1 paid in cash. Credit Life financed over the term of the Contract. This charge represents costs and profit to OO Single D Joint None ‘the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing Premium $ N/A Term documents related to the sale. Insured (2 Minimum Finance Charge. You agree to pay a minimum finance charge of Credit Disability $ N/A if you pay this Contract in full before we have CO Single CO Joint Of None earned that much in finance charges. Premium $ Term Insured a. Price of Vehicle, etc. (incl. sales tax of Your signature below means you want (anly) the insurance coverage(s) quoted above. If “None is checked, you have declined the coverage we offered. 3 870.86 ) § 12295.86 b. Pre-delivery service fee 499.00 c. Cash Price (a+b) 12794.86 NC SIL Trade-in allowance By: DOB Less: Amount owing, paid to (includes,m): N/A Net trade-in (¢-; if negative, enter $0 Sot enter the amount on line m) N/A Cash payment. By DOB Manufacturer's rebate N/A Deferred down payment N/A Other down payment (describe) N/A N/A By: DOB Down Payment (f+g+h+i+j) 1000.00 Unpaid balance of Cash Price (c-) 11794.86 Property Insurance. You must insure the Property. You may purchase or provide the Financed trade-in balance (see line f) N/A insurance through any insurance company reasonably acceptable to us. The collision Paid to public officials, including filing fe 400.00 coverage deductible may not exceed $ N/A If you get insurance from or through us you will pay $ NIA for Mia | Insurance premiums paid to insurance c ies) IS], of coverage. {See Insurance section for coverage and benefits types.) im is calculated as folto Service Contract, paid Marathon Administrative Ga To: Documentary Stamp Tax | soso 48.30 Ded tb Fire-Theft and Combined Additional Cov. cn Collisi ve $ N/A N/A N/A N/A N/A LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND N/A Ni PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED N/A UNLESS CHECKED AND INDICATED N/A To: N/A N/A To: N/A aa,2. Total Other Charges/Amts Paid (m thru z) 1954.30 bb. Prepaid Finance Charge N/A ce. Amount Financed (I+2a-bb) 13749.16 [This area intentionally left blank.] We may retain or receive a portion of any amounts paid to athers. Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016 Ban} ‘SystemsTM Wolters Kkiwor Fnencal Services © 2016 Page 2 of 6 The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian, on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11: Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service. C1 Single-Interest Insurance. You must purchase single-interest insurance. The coverage may be obtained from a company of your choice, reasonably acceptable to us. If Definitions. Contract” refers to this Retail Installment Contract and Security Agreement. you buy the coverage from or through us, you will pay IA refer to each Buyorsi ing this Contract, and any $ for guarantors, jointly and individually. The pronouns “we”, “us” and “our” refer to the Seller of coverage. This insurance is solely for the interest of the Seller, its successors and and any entity to which it may transfer this Contract. "Vehicle” means each motor vehicle assigns, and no protection exists for your benefit. You authorize us to purchase described in the Description of Property section. “Property” means the Vehicle and all other ‘Single-Interest Insurance. property described in the Description of Property and Additional Protections sections. Purchase of Property. You agree to purchase the Property from Seller, subject to the terms and conditions of this Contract. Seller will not make any repairs or additions to the "Wlonashia WMasre 6/25/2019 Vehicle except as noted in the Description of Property section. You have been given the opportunity to purchase the Property and described services for By: Monashia Moore Date the Cash Price or the Total Sale Price. The "Total Sale Price” is the total price of the Property if you buy it over time. Deferment. We may agree to defer the scheduled due date of all or any part of any installment payment, and will collect a $15.00 fee for such deferment. You must maintain the insurance on the Property required by this Contract during any deferment period. You By: Date may extend any optional insurance you bought with this Contract if the insurance company ‘oF your insurance contract allows the extension and if you pay the extension charge. In addition to the $15.00 deferment fee and the costs of extending required or optional insurance, you will also be required to pay additis charges as a result of exercising the deferment option. By: Date I Te The Total hor Fruth-In-L Disclosure assumes l payt its will be duled. actual amount you will pay will be more if you p and less if Cel Eee Ted tendto arco We do’ not agree to pay, any finance charge or You may buy any ofthe following voluntaiy pratéction plans’ reno fee thatis more than the ma mum for this sale by state or federal law. to obtain credit, are not a factor in the credit decision, and are not a factor in the If you pi a finance charge or fee that excoods that maximum amount, we will first apply ‘terms of the credit or the related sale of the Vehicle. The voluntary pr tections-will th sess amount luce the principal balance and, when the principal has been paid in not be provided unless you sign and agree to pay the additional cost. full ef any remaining amount to you Your signature below means that you want the described item and that you have received You understand and agree that some payments to third parties as a part of this Contract and reviewed a copy of the contracts) for the product(s). If no coverage or charge is given may involve money retained by us or paid back to us as commissions or other remuneration. for an item, you have declined any such coverage we offered. You agree that the Property will not be used as a dwelling. & Service Contract Prepayment. You may prepay this Contract in full or in part at any time. We may impose 24 months or 24000 miles an acquisition charge of $75.00 for services performed in processing this Contract if it is Term paid in full within 6 months after the Contracts effective date. Any partial prepayment will Price + 1506.00 not excuse any later scheduled payments. If we get a refund of any unearned insurance Coverage Advantage —_ peo lat you paid, you agree that we may btract the refund from the amount you otherwise provided by law. = CO Gap Wai or Gap Coverage Pays If youn any pi ent required by this Contract that is Term dishonafed, youagre to pal service charge that is the greater of 5% of the Price + N/A_| Ty ce al nds it of instrument, {i fers), of: $25.00, if g orders lue of payment, debit card orders, or electronic instrument does not exceed $50.00; Coverage 30.00) face /alue 0 but doesnot $300.00; $40.00 if the face ZN 4X Term jover Law and Interpretation. This Contract is governed by the law of Florida and Price applicable federal law and regulations Coverage If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. You authorize us to correct any clerical error or omissions in this Contract or in any related document. Name and Location. Your name and address set forth in this Contract are your exact legal [Wouashia Wlosre ensmot9 name and your principal residence. You will provide us with at least 30 days notice before you change your name or principal residence. By: Monashia Moore Telephone Monitoring and C You agree that we may from time to time monitor and record telephone calls made ir received by us or our agents regarding your account to assure the quality of our service. In order for us to service the account or to collect any amounts you may owe, and subject to applicable law, you agree that we may from time to By: Date time make calls and send text messages to you using prerecorded/artificial voice messages or through the use of an automatic dialing device at any telephone number you provide to us in connection with your account, including a mobile telephone number that could result in charges to you. Default. You will be in default on this Contract if any one of the following occurs (except By: Date as prohibited by law): © You fail to perform any obligation that you have undertaken in this Contract. ‘© We, in good faith, believe that you cannot, or will not, pay or perform the obligations you have agreed to in this Contract. Retail ingtellment ContractF. Not for use in transections secured by 8 dweling. WLK-MVLFAZFL 11/9/2016 Ban} ‘SystemsTM Wolters Kkiwor Fnencal Services © 2016 Page 3 of 6 The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services and is held by it, as Custodian, on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Jun 25, 2019 11: M. Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Service. If you default, you agree to pay our court costs and fees for repossession, repair, storage © You will provide us reasonable access to the Property for the purpose of inspection. and sale of the Property securing this Contract. You also agree to pay reasonable attorneys’ Our entry and inspection must be accomplished lawfully, and without breaching the fees after default and referral to an attorney not a salaried employee of ours. peace. If an event of default occurs as to any of you, we may exercise our remedies against any Agreementto Provide Insurance. You agree to provide property insurance on the or all of you. Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the /nsurance Disclosures section, or as we will otherwise require. You Remedies. If you are in default on this Contract, we have all of the remedies provided by will name us as loss payee on any such policy. Generally, the loss payee is the one to be law and this Contract. Those remedies include: paid the policy benefits in case of loss or damage to the Property. In the event of loss or © We may require you to immediately pay us, subject to any refund required by law, the damage to the Property, we may require additional security or assurances of payment remaining unpaid balance of the amount financed, finance charges and all other before we allow insurance proceeds to be used to repair or replace the Property. You agree agreed charges. that if the insurance proceeds do not cover the amounts you still owe us, you will pay the We may pay taxes, assessments, or other liens or make repairs to the Property if you difference. You may purchase or provide the insurance from any insurance provider that is have not done so. We are not required to do so. You will repay us that amount reasonably acceptable to us. Your choice of an insurance provider will not affect the credit immediately. That amount will earn finance charges from the date we pay it at the decision. We may impose reasonable requt jents concerning the extent of coverage and post-maturity rate described in the Payment section until paid in full the financial soundness of the insurance provider. You will keep the insurance in full force and effect until this Contract is paid in full. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. If you fail to obtain or maintain this insurance, or name us as loss payee, we may obtain ‘We may immediately take possession of the Property by legal process or self-help, insurance to protect our interest in the Property. This insurance may be written by a but in doing so we may not breach the peace or unlawfully enter onto your premises. company other than one you would choose. It may be written at a rate higher than a rate ‘We may then sell the Property and apply what we receive as provided by law to our you could obtain if you purchased the property insurance required by this Contract. We will reasonable expenses and then toward what yo we add the premium for this insurance to the amount you owe us. Any amountwe pay will be due immediately. This amount will earn fir ce chargesje8)from the date paid at the rate Except when prohibited by law, we u6 youfa dditional amounts if the described in the Payment section until paid in proceeds of a sale do not pay all of t ts you d jiver)of Gap Covers ever of f ‘or damage to the Vehicle that results By choosing any one or more of these rer ;, we do not give ip 0 ta later in to lo ‘there may en thi jount due under the terms of the Contract ‘another remedy. By deciding not to use a iedy,we do not g co and the proceeds of your gap b insurancest deductibles. You are liable for this ‘the event a default if it happens again. dit net fou have the opti of puy sin p Waiver or Gap Coverage to cover the gap liability, ject t any conditi d’excl +t Gap Waiver or Gap Coverage You agree that if any notice is required to be gi oui of an inteftded-sale or tran: ‘the Property, notice is reasonable if mailed to your last known address, as reflected in our agreent records, at least 10 days before the date of the intended sale or transfer (or suc period of time as is required by law). Ce Me ALLE You agree that we may take possession of personal property left in or on the Pre PLEASE READ CAREFULLY! By agreeing to this Arbitration securing this Contract and taken into possession as provided above. You may have a right to Provision you are giving up your right to go to court for claims recover that property. and disputes arising from this Contract: If the Property has an electronic tracking device, you agree that we may use the device to @ EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE find the vehicle. BETWEEN YOU AND US DECIDED BY ARBITRATION, AND Obligations Independent. Each person who signs this Contract agrees to pay this NOT BY A COURT OR BY JURY TRIAL. Contract according to its terms. This means the following: ® YOU GIVE UP ANY RIGHT TI YOU MAY HAVE TO You must pay this Contract even if someone els also signed it. oO RTICIPATE AS ACLASS RESENTATIVE OR CLASS a is ‘We may release any co-buyer or g il still be obligated to pay this NY ACTION OR CLASS ARBITRATION We may release any security and ll still be obi ay this tract Is El RBITRATED. If we give up any of our rights, it hot affect If we extend new credit or renew tf Contract, du this C your Pp ract. ARBITRA’ ON, DI COVER EG ER, Y ND RIGHTS TO APPEAL Mr D THAN IN A JUDICIAL this Contract. oe rs ‘S THAT YOU WOULD Warranty. Warranty information is provided to you separately. CD HAVE IN COURT MAY NOT BE AV: AILABLE. You or we {including any assignee) may elect to resolve any Claim by neutral, binding arbitration and not by a court action. "C/aim” means any claim, dispute or controversy between you and us or our employees, agents, successors, assigns or affiliates arising from ‘Security. To secure your payment and per mance under the terms of this Contract, you or relating to: 1. the credit application; 2. the purchase of the Property; 3. the condition of give us a securit interest in the Vehicle, al accessions, attachments, accessories, and the Property; 4. this Contract; 5. any insurance, maintenance, service or other contracts ‘equipment placed in or on the Vehicle and in all other Property. You also assign to us and you purchased in connection with this Contract; or 6. any related transaction, occurrence or give us @ security interest in proceeds and premium refunds of any insurance and service telationship. This includes any Claim based on common or constitutional law, contract, tort, contracts purchased with this Contract. statute, regulation or other ground. To the extent allowed by law, the validity, scope and interpretation of this Arbitration Provision are to be decided by neutral, binding arbitration. Duties Toward Property. By giving us a security interest in the Property, you represent If either party elects to resolve a Claim through arbitration, you and we agree that no trial and agree to the following: by jury or other judicial proceeding will take place. Instead, the Claim will be arbitrated on You will defend our interests in the Property against claims made by anyone else. You an individual basis and not on a class or representative basis. will keep our claim to the Property ahead of the claim of anyone else. You will not do electing arbitration may choose either of the following arbitration organizations anything to change our interest in the Property. and its applicable rules, provided it is willing and able to handle the arbitration: American You will keep the Property in your possession and in good condition and repair. You Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019 (www. r.org) or will use the Property for its intended and lawful purposes. JAMS, 1920 Main Street, Suite 300 Irvine, CA 92614 (www.jamsadr.com), or it may You agree not to remove the Property from the U.S. without our prior written choose other a arbit