Preview
FILED
.
2/13/2020 5:51 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
CAUSE NO. DC-19-06955 Rosa Delacerda
INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF
Plaintiff, §
§
VS.
é
GABRIELA ESPINOZA AKA GABRIELA § 298th JUDICIAL DISTRICT
MARTINEZ AND JORGE L ESPINOZA §
TORRES AKA JORGE ESPINOZA §
TORRES AKA JORGE E TORRES AKA §
JORGE ESPINOZA AKA JORGE §
TORRES, § DALLAS COUNTY, TEXAS
Defendant.
BUSINESS RECORDS AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared the affiant named below, who,
being duly sworn, deposed as follows:
“My name is Marcia Agnew. I am of sound mind, capable 0f making this affidavit, and personally
acquainted With the facts herein stated:
1. I am an Authorized Agent and custodian of the records of Plaintiff and am familiar With the
Plaintiff’s business processes. Business records are kept and maintained in the ordinary
course of Plaintiff’s business ("Records") concerning accounts like the account of the
Defendant. The Records are made and ffiaintained by individuals who have a business duty
to make entries in theRecords accurately at 0r near the time of the event that they record, or
reasonably soon thereafter, by or from infofmation transmitted by someone with personal
knowledge of the event or act.
2. In addition, it is Plaintiff’s regular business practice to obtain, integrate, and rely upon
documents prepared by the original creditor of the account at issue. In this particular action,
Plaintiffhas obtained and integrated documents received from the original creditor, NISSAN
MOTOR ACCEPTANCE CORPORATION. Plaintiff relies upon the accuracy 0f such
documentation in its day t6 day business activities and such documents are considered
Records of the Plaintiff. The records consist 0f both hard copy information and electronic
information that is generated, stored and maintained by the original creditor in accordance
BUSINESS RECORDS AFFIDAVIT
PAGE l
with generally accepted standards in the retail and financial industries by individuals that
possess the knowledge and training necessary t0 ensure the accuracy and reliability 0f the
records. I know from my experience in reviewing such reCords that those records are made
and maintained by individuals who have a business duty to make entries in the records
'
accurately at or near the time of the event that they record. Plaintiff relies upon the accuracy
and reliability of said records in its day t0 day business.
3. All credits and payments have been properly applied, Defendant is not entitled to
additional credits or offsets on the account of any kind, and the balance as set forth herein
is currently due and owing. At the time of purchase by Plaintiff of Defendant's account
from NISSAN MOTOR ACCEPTANCE CORPORATION, the Defendant
owed $15,5 10.32 and currently owes $15,510.32 plus interest, costs and attorney fees.
4. Attached hereto are (‘Qfl pages of Records from Plaintiff. These said pages of Records
attached hereto are the original or exact duplicates of the original.
5. I have reviewed Plaintiff s file for the account at issue, including Plaintiffs history for
the account and Records for the account. Based on my familiarity with Plaintiff’s
procedures regarding obtaining and integrating account documents and review of the
Plaintiff s file and Records, I have personal knowledge of the account and the matters stated
above are true and correct.”
Further Affiant sayeth not.
JMOLQW
Marcia Agnew
Custodian of Records of Investment Retrievers, Inc.
BUSINESS RECORDS AFFIDAVIT
PAGE 2
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
Subscribed and sworn to (or affirmed) before me on this
day Of FEB 41x0 20m , 20 by,
Marcia Agnew
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.
LL-
KEVINPIERCEJONES k
00m ti 2145575 C-
NOTABY PUBLIC~CALIFORNIA §§-
.- _~;-
SACRAMENIO comm
~
My Comm. Exp. March 7, 2020
Y
Signature
BUSINESS RECORDS AFFIDAVIT
PAGE 3
LAW®553-TX-ARB-e 2/1 2
MOTOR VEHICLE RETAIL INSTALLMENT SALES CONTRACT
SIMPLE FINANCE CHARGE
Dealer Number 02593 ContractNumber 1723779804
BUYER GABRIELA ESPINOZA SELLER/CREDITQR TROPHY NISSAN
ADDREssjVIA DEL REY ADDRESSMHQMV
CITY _MESOU|TE STATE TX ZIP 75150 CITY Mesquk STATE TX ZIP 75150
PHONE— PHONE (972)613-2200
CITY MESQUITE
PHONE
The Buyer
-
co-BUYER JORGE L. ESPINOZA TORRES
ADDRESS- VIA DEL REY
is referred to as “y
STATE TX
r.” The Seller is
ZIP 75150
referred to ‘as “we” or “us.” This contract
.:
may be transferred by the
ice” is also shown in
Seller.
the Itemization of
You agree to'
Amount
pay us the
Amount Financed, Financ . u ds according to the Payment
Schedule in this contract. e i this ent even ifthe others do not.
39m
You have thorou g hl y ins p ec
Jufla WHICH PURCHASED
PERSONAL, FAMILY, OR HOUSEHOLD.
YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER NEW UNLESS OTHERWISE |NDICATED BELOW
D DEMONSTRATOR If boxes below is checked, Chapter 353
either of the
2°15 NISSAN TITAN 2WD 1N63AOEDEFN500917
D FACTORY of the Texas Finance Code applies to this Contract.
OFFICIAL/EXECUTIVE D
I
Copy.
BUSINESS 0H COMMERCIAL
U USED D AGRICULTURAL
Authoritative
Trade-in: Make N'SSAN Model SENTRA
VIN 3N1AB7APGDL560636 2013-11-07
the
Year 2013 License No.
not
is
This
FEDERAL TRUTH-IN-LENBWLOSURES SELLER’S DISCLAIMER OF WARRANTIES
ANNUAL FINANCE T ta_l Sale Unless the seller makes a written warranty, or
PERCENTAGE CHARGE \Jl
Fenters into a service contract within 90-da s
RATE The dollar from the date of this contract, the seler
The cost of amount the makes no warranties, express or implied, on
your credit as credit will
'1 the vehicle, and there will be no implied
a yearly rate. costvyou. pay” .
warrantles of merchantability or- of fitness for
.
schema.
a particular purpose.
This provision does not affect an warranties
4.34 7,703.47 52,929.53 60,633.00 60,633.00
--covering~ the vehicle that te vehicle
0/0 $ S $ $ manufacturer may provide.
Your Payment Schedule Will Be:
Used Car Buyers Guide. The information you
Number of Amount of When Paymenté see on the window form for this vehicle is part
Payments Payments Are Due
of this contract. Information on the window
75 $ 808.44 Monthly beginning 3/24/2015
form overrides any contrary provisions in the
Or as follows contract of sale.
Spanish Translation: Gula ara compradors
One Final Payment Of N/A NIA
de vehiculos usados. La in ormacién que ve
Late Charge: If we do not receive your entire payment within 1_5 days after it is due (10 days if you are en el formulario de la ventanilla para este
buying a heavy commercial vehicle), you will pay a late charge of5_% of the scheduled payment. vehiculo forma rte del presente contrato. La
Prepayment. If you pay all that you owe early, you will not have to pay a penalty. inlormacién de formulario de la ventaniila
Security Interest. We will have a security interest in the vehicle being purchased. deja sin efecto toda disposicién en contrario
Additional Information: See this document for more information about nonpayment, default, security
contenida en el contrato de venla.
interests, and any required repayment in full before the scheduled date.
APPLICABLE LAW Federal and Texas law apply to this contract.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
This PROVISION applies to this contract only if the vehicle financed in the contract was purchased for personal, family, or household use.
LAW 553-TX-ARB-e 2/12 v1 Page 1 of 6
ITEMIZATION OF AMOUNT FINANCED
LIABILITY INSURANCE: THIS CONTRACT
m
Cash Price (including any accessories, services, taxes,
1
DOES NOT INCLUDE INSURANCE COVER-
SALES TAX $ 1,473.81, ACCESSORIES $ N/A , AGE FOR PERSONAL LIABILITY AND
N/A $ N/A ,and N/A $ N/A )$ 38,404.81 (1) PROPERTY DAMAGE CAUSED T0 OTHERS.
“0”
2 Total Downpayment = (if negative, enter and see Line 4A below)
Gross Trade-ln $
LEGAL LIMITATIONS ON OUR RIGHTS
— Pay 26,841 -00 we don’t enforce our rights every time, we
If can
0t: Made By Seller $
still enforce them later. We will exercise all of
= NetTrade In $ 44,841 .00
our rights in away. You don’t have to pay
lawful
+ Cash $ 4,981 .00 finance charge or other amounts that are more
+ Mfrs. Rebate $ 1,350.00 than the law allows. This provision prevails over
+ Other (describe) N/A N/A all other parts of this contract and over all our
$
other acts.
Total Downpayment $ 0.00 (2)
3 Unpaid Balance of Cash Price (1 minus 2) $ 38.40431 (3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts.):
A Net trade-in payoff to NMAC $ 8,51 0.00
B Cost of Optional Credit Insurance Paid to Insurance
Company or Companies.
Life $ N/A n
Disability // \l __ Mm“ / L '—
C Other Optional Insurance P4idtfi> Insurance Comflw orcandaniq€( \J r
D Official
1)t0NIA
MA
3) t0 N/A
Fees Paid to Govern
KK
e tAgencies
flrNLk
for N/A\‘/
for N/A
J1/ L‘J
y
[\
v[a
1@ZF
Debt Cancellation Agreement Fee Paid to the Seller
Im'fll'l'l
Dealer’s Inventory Tax (Mot Included in Cash Price)
Copy.
Authoritafive
Sales Tax
Other W (if Not Included
Not Included
Govern ment License and/or Registration Fees
ln Cash
in
Price)
Cash Price)
STATE 0F TX $ 50.75
the J Government Certificate of Title Fees . . .
$ 33-00
not
K Government Vehicle 23.75
N
Inspecfion Fees n $
is
This
L Deputy Service Fe'e'
Paid to Dealer //\V\ $ 5.00
M Documentary Fee (Cargo Documental) ,
/ /
\J.
.
\
/lV/ W0 'I
\ \ i
A DOCUMENTARY FEE NOT AN 0F IAL FEE. A UM? TA Is FE s I
REQUIRED BY LAW, BUT MAY BE CHAR To BUYE s F R HAN LI Do ME
RELATING To THE SALE. A DOCUMENTA EE M EX D REA NABL
AMOUNT AGREED TO BY THE PARTEES. THI s RE BY L ,
UN CARGO DOCUMENTAL N0 ES UN CARGO QFICIAL. LA [.EY N XIGE Q
IMPONGA UN CARGO DOCUMENTAL. PERO ESTE PODRIA C SE A S
COMPRADORESPOR EL MANEJO DE LA DOCUMENTACION EL RELACIONCON LA
VENTA. UN CARGO DOCUMENTAL N0 PUEDE EXCEDER UNA CANTIDAD RAZONABLE
ACORDADA POR LAS PARTES. ESTA NOTIFICACION SE EXIGE POR LEY.
N Other Charges (Seller must identify who is paid and
describe purpose.)
lo State for Pfate Transier Fee $ 5.00
to MPP for CLUB $ 699.00
to MPP for EXT.WARRANTY/SERVICE $ 2,990.00
to CARE MAINTENANCE for MAINTENANCE $ 769.00
to N/A for N/A $ N/A
to N/A for N/A $ N/A
to NIA for N/A $ N/A
to N/A for NIA $ N/A
to N/A for NIA $ N/A
to NIA tor N/A $ NIA
TotalOtherCharges and Amounts Paidto Others on YourBehalt $ 14,524.72 (4)
5 AmountFinanced(3+4) $ 52,929.53 (5)
LAW 553-TX-AHB-e 2/12 v1 Page 2 of 6
PROPERTY INSURANCE. You must keep Ihe collateral insured against damage or loss in the amount you owe..You must keep this insurance until you have paid all that you
owe under this contract. You may
obtain property Insurance from anyone you want or provide proo of insurance you already have. The insurer must be authorized to do
business In Texas.You agree to give us proof of property insurance. You must name us as the person to be paid under the policy in the event of damage or loss.
If any insurance is checked below, policies or certificates from the insurance companies will describe the terms, conditions, and deducfibles‘
Optional Credit
Life and Credit Disability Insurance
Credit life insurance and credit disability insurance are not required to obtain credit. They will not be provided unless you sign and agree to pay the extra cost. Your decision to buy or not buy
Ihese insurance coverages will not be a factor in lhe credit approval process.
D Credit Life, one buyer $ N/A Term N/A D Credit Disability, one buyer $ N/A Term N/A
D Credit Life, both buyers $ N/A Term N/A D Credit Disability, both buyers $ N/A Term N/A
N/A
(Insurance Company)
NlA _
(Horne Office Address)
Credit life insurance pays only the amount you would owe if you paid all your payments on time. Credit disability insurance does not cover any increase in your payment or in the number of
payments.
If the term of the insurance is 121 months or longer, the premium is not fixed or approved by the Texas Insurance Commissioner.
You want the Insurance indicaW
X
Buyer’s signature
r.
t9 Co- y
/1
'ssg Vture
AVA Q /1V/\
Date
'g
O n r C e t celtio t
The granting of credit will not be dependent on the purchase agreement described below. It will not be provided unless you sign and
of either the insurance coverages or the debt cancellation
agree to pay the extra cost. The credit approval process will not be affected by whether or not you buy these insurance coverages or lhe debt cancellation agreement.
1.495%: Premium or Fee
Coverage
Copy.
GAP' 75 D $ 1 196.74
D $
Authoritative
El $
DethancelIation Agreement“ N/A $ N/A
the
not
is
OLD UNITED Vn _
This
(Insurance Company)
*lf is determined to be a total loss, GAP insuranc
the vehicle wi pay us the differ n e betw n the pr ceeds of our
You can cancel that insurance without char e for1 d sfromthe
deductible. e ft is con a t.
“WE WILL CANCEL CERTAIN AMOUNTS ‘YOIU _O E UN ”c s oE y
TOTAL L s on THEFT 0F THE VEHICLE As STATED IN THE DEBT
CANCELLATION AGREEMENT. You can cancel the debt cancella charge a from t'he'da'te of this
contract, or for the period stated in the debt
cancellation agreement, whichever eriod ends later.
If the box next to a premium for an nsurance coverage included above is marked, that premium is the Texas Insurance Conimissioner. A debt cancellation agreement is
not insurance and is reg ulated by the Office of the Consumer Credit Commissioner.
x JWW
For the premiums or fees included above, you want the related optional coverages and debt cancellation agreement.
Buyer Signature
02/07/20 l 5
Date
X
Jone
Co-Buyer Signature
LU'S E3 PH :32:
02/07/2015
Date
OTHER TERMS AND CONDITIONS
1. FINANCE CHARGE AND PAYMENTS cl HOW LATE OR EARLY PAYMENTS CHANGE WHAT YOU
a. How WE FIGURE THE FINANCE CHARGE. We figure the MUST PAY. We based the finance Charge, Total of Payments,
Finance Charge using the true daily earnings method as defined and Total Sale Price as if all payments were made as scheduled.
by the Texas Finance Code. Under the true daily earnings Ifyou do nottimely make all yourpayments in at leastthe correct
method, the Finance Charge will be figured by applying the daily amount, you Will hav