Preview
RETURN DATE: FEBRUARY 13, 2024
CREDIT ACCEPTANCE CORPORATION SUPERIOR COURT
JUDICIAL DISTRICT OF
VS. FAIRFIELD AT BRIDGEPORT
ILKA BULA JANUARY 17, 2024
COMPLAINT
1 On or about December 22, 2018, Defendant, Ilka Bula, entered into a Retail
Installment Contract with Cash Your Car Inc of $ Hackensack, NJ, a copy of which is
attached hereto as Exhibit A, whereby Defendant agreed to purchase and accept delivery
of a 2006 Subaru B9 Tribeca 4D SUV.
2. Pursuant to the terms of said Contract, Defendant, Ilka Bula, further agreed
to finance the amount of $11,001.88, plus a finance charge of $7,174.28, computed at an
annual percentage rate of 22.99%, for a total of $18,176.16, which Defendant, Ilka Bula,
agreed to pay in 57 monthly installment payments of $318.88, due on the 22nd of each
month, commencing January 22, 2019.
3. The terms of said Contract further provide that in the event it becomes
necessary to place the account with an attorney for collection, Defendant, Ilka Bula, will
be responsible for reasonable attorney's fees and costs of collection.
4 Said Contract was assigned for value to Plaintiff.
5 Defendant, Ika Bula, paid various monthly installment payments due
pursuant to said Contract and defaulted on the remaining payments due.
6 Plaintiff repossessed the vehicle and, after giving Defendant, Ilka Bula,
reasonable notice of iis intention to resell, a copy of said notice is attached hereto as Exhibit
B, Plaintiff resold said vehicle on May 25, 2021 for the account of Defendant, .
7The account of Defendant, Ilka Bula, was
credited with the sales proceeds ir
the amount of $800.00.
8. This is an out of state contract, and as such, the provisions of RISFA are
inapplicable.
9 Plaintiff incurred expenses of $325.00 in
the course of the repossession,
10. Defendant, Ika Bula, remains indebted to
Plaintiff in the amount of $11,287.14,
together with costs and reasonable atto
rney's fees as the court may allow.
i. Defendant, Ika Bula, has refused and
neglected to Pay said indebtedness to
Plaintiff, despite due demand therefor.
12. Plaintiff claims Post-judgment interest
pursuant to Conn. Gen. Stat. §37-1.
WHEREFORE, the Plaintiff claims:
1 Fair, just and reasonable money damages.
2 Attorney's Fees and costs.
3 An order for the Defendant for reasonable weekly payments to be made oui
of sums earned or to be earned for services rendered or to be rendered by each such
Defendant in accordance with the statute made and provided.
4 Post-judgment interest pursuant to Conn. Gen. Stat. §37-1.
The amount in demand is greater than $2,500.00, but less than $15,000.00
The remedy sought is based upon an express promise to pay a definite sum.
Of this writ, with your doings thereon, make due service and return.
Dated at Bloomfield, Connecticut on January 17, 2024.
PLAINTIFF
f/
By. .
Walter J. Onacewicz, Esquire
Nair & Levin, P.C,.
“707 Bloomfield Avenue
Bloomfield, CT 06002
Juris No. 042122
Telephone No. (860) 242-7585
Its Attorneys
Please enter our appearance for the Plaintiff.
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
1505555
RETREPOD1-JO2
SCHEDULE A
Plaintiff's damages are calculated as follows:
Outstanding Balance:
Less $14,447.36
Sales Proceeds
~800.00
Gap Insurance Rebate
Finance Charge Rebate -453.08
-2,232.14
Plus
Repossession Expenses
+325.00
TOTAL DAMAGES:
2 14
1505555
CO1K
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
Ay aa
RETAIL INSTALLMENT CONTRACT
ACCOUNT #.
LoT#,
Buyer Name and Address Co-Buyer Name and Address Creditor-Seller Name and Address
ILKA BULA N/A CASH YOUR CAR IN
168 GLENBROOK RD 350 MAIN STREET
BRIDGEPORT, CT 06610 S HACKENSACK, NJ 07606
“You" and “Your” mean each Buyer above, jointly and severally. “Us” and “We” mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle
described below for cash or credit. The cash price is shown below as the “Cash Price”. The credit price is shown below as “Total Sale Price”, Yor ve agreed
to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge delivery and acceptance of the Vehicle in good condition and ré repair. You
shown in the {
promise to pay Us all amounts due under this Retail Installment Contract (“Contract”), including the Total Sale Price, in accordance with the payment schedule
Truth in Lending Disclosures below. You also agree to the terms and conditions below (including the Truth in Lending Disclosures) and on the
additional pages of this Contract. The Annual Percentage Rate may be negotiable with Us.
Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading
Used 2006 Subaru B9 Tribeca 4D SUV GREEN 4 116,937
TRUTH IN LENDING DISCLOSURES
FINANCE Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The total cost of Your
The dollar amount The amount of credit The amount You will purchase on credit,
The cost of Your the credit will cost rovided to You or on have paid after You including Your
credit as a yearly You. ‘our behalf. have made all pay- down payment of
rate. ments as scheduled. $1,500.00
22.99%4$ 7,174.28
is
$11,001.88 $18,176.16 $ 19,676.16
Payment Schedule: Your payment schedule will be:
No. of Payments ‘Amount of Payments When Payments Are Due
$
$
2 $ 318.88 Monthly, beginning January 22, 2019
re giving a in the g 10 ods or Vi
fe
rel
i aid
eA CLIN AL
You curity interest icle bei
St.
yy U pal
ym
Information: Pi
re than #0 day latd, You, ill
, Fou maybe « entitled to a feful of pag
nt
char, fe fe’
of the Fit de.
before the scheduled date,
idthi
and prepayment refunds and p eI fies.natiiditior it mation about nonpay!
ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration and not
by court action. See the Arbitration Clause on Page 5 of this contract for the full terms and conditions of the agreement to arbitrate. By
initialing below, you confirm that you have read, understood and agree to the terms and conditions in the Arbitration Clause
ay Co
> Buyer Initials Buyer Initials
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE.
THROUGH ANYONE YOU CHOOSE WHO IS RESONABLY ACCEPTABLE TO US, as more fully described on page 3.
INSURANCE / EXTENDED WARRANTY OR SERVICE CONTRACT/ GAP PROTECTION: Your decision to purchase optional credit insurance,
optional credit disability insurance, optional service contract or extended warranty, or optional GAP protection is not a factor in the credit
approval process or our decision to extend credit.
THIS DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY.INJURY OR PROERTY DAMAGE. WITHOUT SUCH
INSURANCE, YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
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.
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.
Guia iculos usados, La informacién que ve en el formulario de {a ventanilla para este vehiculo forma parte del presente contrato. La infor-
macion del formulario de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO ARBITRATE SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN B’
REFERENCE.
cS Buyer's Initials [7]
NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. Buyer's Initials
Ail Rights Reserved. PAGE 1 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
‘This copy was created on 12/22/2041
opy ol clectronic Original
Not required to mail o x this copy to Credit Acceptance
ITEMIZATION OF AMOUNT FINANCED
and Sales Tax $.
699.88 ($2094.88
(1)
1. Cash Price including accessories and improvements to the Vehicle, 1,500
2. Down-Payment Calculation: Cash Down Payment...
Deferred Down Payment g_ _N /A(B)
N/A _(c)
Trade-In Description: Gross Trade-tn......
Make: N/A_(p
Model. N/A «Payoff Mace by Seller.
Net Trade-In (Ifnegative number, insert ‘O" in line 2(E) and itemize difference in 4(E) bel fou) (6-0) t
wa
‘Trade-In Description: Gross Trade-In.
Make:
Model N/A. Payoff Made by Seller... . $___N/A_(G) N/A
(H)
oe
Net Trade-In (If negative number, Insert ‘0” in (H) and itemize difference in 4(K) below) (F-G)....$.
N/A_ (ly
Other: Manufacturers Rebate...... (At BeE Hells 1,500.00 (2
Total Down Payment 7,594 . 88 (3)
Unpaid Balance of Cash Price (1 less 2)...
Other Charges Including Amounts Paid to Others on Your Behal
*(NOTICE: A portion of these charges may be paid to or retained by Us.) N/A
*Cost of Required Physical Damage Insurance Paid to Insurance Compan) $ 1,785.00 ()
*Cost of Optional Extended Warranty or Service Contract Paid to the Company name: 25.00 (C)
Cost of Fees Paid to Public Officials for Filing or Perfecting a Security Interest ..... $ 374.00 (D)
Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration
$
Other Pheroes (Seller must identify who will receive payment and describe purpose) N/A ©
to NPhoenix American Administrators, Inc. for lien or lease payoff .
for Splignal GAP Prote $21 223-00 (F}
*to N/A @)
to N/A for N/A (uy)
tio N/A for N N/K (j
*to N/A for N/A
4to N/A for N/A N/A (Jy
N/A )
to N/A for lien or lease payoff. 3,407.00 (4)
Total | of Other Charges and Amounts Paid to Others on Your Behalf. 5)
5. Less Prepaid Finance Charge... “g__11,001.88
(6)
6. Amount Financed - Unpaid Balance (G+ 4 less 5)...
Although You ars ’@ not required to purchase an optional extended warranty or
8
OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT:
on credit, by signing belo w You are indicating that You and voluntarily elect to buy an optional
service contract as a condition of purchasing thisthe Vehicle
repair of certain major mechanic: al breakdown s of the Vehicle related expenses. Refer to the
extended warranty or service contract covering
6 Santa jeu
5 gain Soy & HO AN
7
Ferm: NA
Nat Wha Cla on et,
Bonen | Date
Buyer's Signature: Date Buyer's Signature
is not req uired to obtain credit. GAP protection will not be provided under this Contract
GAP PROTECTION: Optional Guaranteed Auto Protectioncost(GAP) sho wn below and on Line 4F of the [TEMIZATI ON OF AMOUNT FINANCED. You may obtain
unless You sign for it below and agree to pay the additional
optional GAP protection from a per: son of Your choice that is authorizes .d to sellin such coverage and is acceptable to Us. The GAP contract issued by the
provider of the protection will descri ibe the terms and conditions of coverage further detail. If You want GAP protection, sign below.
Inc.
57 Mos. PB hoenix American Administrators,
Cost: $
1,223.00 Term: Provider:
eS Wea Bilas nrmisnarvad 12/22/2018
| Buyer's Signature Date Buyer's Signature Date
NOTICE TO RETAIL BUYER
Do not sign this Contract in blank.
You are entitled to a copy of the Contract at the time You sign.
Keep it to protect Your legal rights.
received a copy of this Contract with all blanks filled
You agree to the terms of this Contract and acknowledge that You have
S04 in and that You have read it and understand it.
sex Buyer's Signature: x Buyer's Signature: x
Galea Santee sxannsoratqueat Title: AGENT
Seller: CASH YOUR CAR INC By:
2018
This Contract is signed by the Seller and Buyer(s) hereto this
22nd day of. December
NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. PAGE 2 of 5
All Rights Reserved.
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 12/22/2018
copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
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). All money or goods received (proceeds) for the
Vehicle; 3). All insurance, maintenance, service or other contracts We finance for You; and 4). All 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 Usa 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 (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.
You! ir Other Promises to Us. You promise that:
You will not remove the Vehicle from the United States or Canada.
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 interestto 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. Ifa governmental agency impounds the Vehicle, You will notify Us immediately and regain
ve sses sion
‘ol1u will pay
taxes, fines,
of the Vehicle. We may regain possession of the Vehicle and treat it as a default.
all taxes, assessments, rentals, charges, and other fees imy sed on the Vehicle when they are due. If We pay any repair bills, storage
fees, or other charges on the Vehicle, You agree to repaytl he
amount to Us.
bills,
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 concerning You or any information about the Vehicle that We may
feasonably 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. 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. If You prepay Your account balance in full within 12 months after the due date of Your
first payment, You will be charged a $20 prepayment charge.
IfYou prepa’
excuse any
a partial
t a only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account
iter scheduled payments. You must still make all scheduled payments on time until Your obligation under
prepayment Your last payment or payments may be less than the scheduled amount due.
balance, however a prepayment will not
this Contract is paid in full. If You make
imagé
that
insural coveref Ye
to US: mus
sure Yo
appr
is
ni Us=
type4
insurance which covers both interests in the Vehicle, We may, if We decide, buy instwranoe
ford
| fins
is} infact
At any
BgainSt lo:
tine dir
which covers only our interest, to the
ATS
extent permitted by law.
We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverages, 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 in equal installments along with the payments shown on the Payment Schedule.
Ifthe 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 or used to buy similar insurance which covers only our interest in the Vehicle. Ifa refund for required insurance is credited to Your account,
it will be applied to as many of Your installment payments as they will cover, beginning with the next maturing installment, Any refund on optional credit life or credit
accident and health insurance shall be made in accordance with applicable law. Any refund on optional 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, receivership or insolvency is started by You or against You or Your property.
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 [72]
NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation. Buyer’s Initials
All Rights Reserved. PAGE 3 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation
his copy was created on 12/22/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Starter Interrupti ion 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 t! he Vehicle when permissible law and the terms of this
Contract allow Usto repossess th 1e Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your d {efault in order to restart the Vehicle. You acknowledge
is disabled but You need an emergency
that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehiclefor additional information on the Device.
activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure
You. To repossess the Vehicle, We can enter Your property, ‘or the
Repos: session of the Vehicle. If You default, We may take (repo: ssess) the Vehicle fromy accessories,
where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any equipment or replacements will remain with the Vehicle.
property
You hereby acknowledge and agree that any per sonal property contained within the Vehicle may be remove d and held without liability to Us or our agent. It is Your
responsibility to prompily and immediately contact Us to make arrangementsf for the return of Your personal property. You are responsible for paying all
reasonable charges associated with the repossession.
Getting the Vehicle Back After Repossessi back (redeem) at any time before We
ion. If We repossess the Vehicle, You have the right to pay to get it reasonable
sell, lease, license or otherwise dispose of any or a! of the Vehicle in its present condition or following any commercially preparation or processing.
transfer of the Vehicle will be mailed to Your last
Sale of the Repossessed Vehicle. Any notice that is required to be giver n to You of an intended saleorortransfer
as reflected in our records, in a reasonable period before the date of the intended sale (or such other period of time as is required
known address,
by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt.
holding, preparing for sale, and selling the Vehicle, and any attorney fees and court
costs, if permitted by law, will be subtracted from Ho seh lingcharges
The net proceeds of the sale will be figured this wa’ for taking,
t price.
else. For example, We may be
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
required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle.
1 You owe more than the net proceeds of sale, You will pay Us the difference betweentl 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.
Collection Costs. If You default and We hire an att lomey who is not our salaried employee to collect what You owe, You will pay the attorney's ofreasonable fee
the first $500
and any court costs as permitted by law. If the cash rice of the Vehicle was $10,000 or less, the maximum attorney's fee will not exceed 20%
and 10% on any excess of the amount due and payable under the Contract.
Delay in Enforcing Rights and Changes of this Contr: act. We can delay or refrain from enforcing any of our rights under this Contract without losing them.
For example, We can extend the tim e for making some payment ts without extending others. Any change in the terms be in writing and signed
of this Contract must
by Us. No oral changes are binding. If any part of this Contract is not valid, all other parts will remain enforceable.
per $100 per year
Interest After Maturity. You further agree to pay interest at the Annual Percentage Rate stated on page 1this Contract not to exceed $16 provision,
or the highest rate permite -d by applicable law, on any amour ints that remain unpaid after maturity maturity
of this Contract. For the purposes of this
EEO
T Rann
means the earlier of the date Your final payment is due or the date We accelerate the Contract.
je st
Afro
“yy
Ing ISI
Re OR Al
;IMPLIED ‘Al
1 ER, CQ THE (AR
90 DAYS FROM THE DATE OF THIS CONTRACT.
VEHICLE
THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE
MANUFACTURER.
Judgment Rate. Interest on any judgment awarded on this Contract will be at the highest rate permitted by applicable law.
Contract, except to the extent
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
preempted by applicable federal law.
ASSIGNMENT
in and to the Vehicle described
FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and
herein, to CREDIT ACCEP” TANCE CORPORATION (“Assignee”), its successors and assigns, pursuant to and in accordance with the terms
and conditions set
forth in the existing dealer agi reement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, either in Assignee’s name or
of this Contract, Seller
in Seller's name, to take all acti ions which Seller could have taken under this Contract. In order to induce Assignee to accept assignment
represents and warrants to Assignee as set forth in the existing dealer agreement.
with the terms and
NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance
to: CREDIT
conditions set forth below on this Contract. This assignment is without recourse. You must make all future payments
CORPORATION, 25505 WEST TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
ACCEPTANCE
Seller:
CASH YOUR CAR INC py Bosal
la Title: AGENT
ch Buyer's Initials (72
NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16) Buyer's Initials
© 2012-2016 Credit Acceptance Corporation. PAGE 4 of 5
All Rights Reserved.
‘The original retail installment contract is assigned to Credit Acceptance Corporation,
This copy was created on 12/22/2018
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptarice
AGREEMENT TO ARBITRATE
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolvin disputes in front of one or
je and/or jury, In this Arbitration Clause, “We” and “Us” 9 mean Seller and/or Seller's
assignee (ind f ucersons,
more neutral instead of having
a trial in court in front ofa
ding, without limitation,
Credit Accey tance Corporat
fe. los
or their employees, assignees, or any third party providing any goods or services
in connection with the origination, servicing and col lection of amounts due under the Contract if such third party is named as a party between You and Us.
“You" and “Your” means each Buyer named above.
¢ BE
Your Right to Reject: If You don't want this Arbitration Clause to aj ly, You may reject it by mailing Us at
5070 a written rejection notice that describes the Contract and tells Is that You are rejecting this Arbitration
P.O. Box 5070, Southfield, Michigan 48086-
Clause. A rejection notice is onl I effective if
it is signed by all buyers, co-bu ers and cosigners and the envelope that the rejection notice is sent in has
of this Contract. If You reject this Arbitration Clause, that will not affect any other provision of this Contract
ft
a post mark of 30 days or less at ter the date
or the status of Your Contract. If You don't
reject this Arbitration Clause, it will be effective as of the date of this Contract.
A “Dis ute” is ant y controversy or claim between You and Us arising out of or in any way
under
or
th is Contract, the
its financing, or an
telated to this Contract, including. but not limited to, any default
collection of amounts due under this Contract, the purchase, sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle
product or service included in this Contract. “Dispute” shall have fe the broadest meanil possible, and includes contract claims,
and claims based on Yo rt, violations of laws, statutes, ordinances or ret julations or any other legal or equitable theories. Notwithstanding the foregoing,
“Dispute” does not include any individual action brought by You in smal l claims court or Your state's equivalent court, unless such action is transferred,
removed or appealed to a different court. “Dispute” does not include an) yy repossession of the Vehicle upon Your default and any exercise of the power of
sale of the Vehicle under this Contract or any 1 individual action by ny You to prevent Us from us
Preview
RETURN DATE: FEBRUARY 13, 2024 CREDIT ACCEPTANCE CORPORATION SUPERIOR COURT JUDICIAL DISTRICT OF VS. FAIRFIELD AT BRIDGEPORT ILKA BULA JANUARY 17, 2024 COMPLAINT 1 On or about December 22, 2018, Defendant, Ilka Bula, entered into a Retail Installment Contract with Cash Your Car Inc of $ Hackensack, NJ, a copy of which is attached hereto as Exhibit A, whereby Defendant agreed to purchase and accept delivery of a 2006 Subaru B9 Tribeca 4D SUV. 2. Pursuant to the terms of said Contract, Defendant, Ilka Bula, further agreed to finance the amount of $11,001.88, plus a finance charge of $7,174.28, computed at an annual percentage rate of 22.99%, for a total of $18,176.16, which Defendant, Ilka Bula, agreed to pay in 57 monthly installment payments of $318.88, due on the 22nd of each month, commencing January 22, 2019. 3. The terms of said Contract further provide that in the event it becomes necessary to place the account with an attorney for collection, Defendant, Ilka Bula, will be responsible for reasonable attorney's fees and costs of collection. 4 Said Contract was assigned for value to Plaintiff. 5 Defendant, Ika Bula, paid various monthly installment payments due pursuant to said Contract and defaulted on the remaining payments due. 6 Plaintiff repossessed the vehicle and, after giving Defendant, Ilka Bula, reasonable notice of iis intention to resell, a copy of said notice is attached hereto as Exhibit B, Plaintiff resold said vehicle on May 25, 2021 for the account of Defendant, . 7The account of Defendant, Ilka Bula, was credited with the sales proceeds ir the amount of $800.00. 8. This is an out of state contract, and as such, the provisions of RISFA are inapplicable. 9 Plaintiff incurred expenses of $325.00 in the course of the repossession, 10. Defendant, Ika Bula, remains indebted to Plaintiff in the amount of $11,287.14, together with costs and reasonable atto rney's fees as the court may allow. i. Defendant, Ika Bula, has refused and neglected to Pay said indebtedness to Plaintiff, despite due demand therefor. 12. Plaintiff claims Post-judgment interest pursuant to Conn. Gen. Stat. §37-1. WHEREFORE, the Plaintiff claims: 1 Fair, just and reasonable money damages. 2 Attorney's Fees and costs. 3 An order for the Defendant for reasonable weekly payments to be made oui of sums earned or to be earned for services rendered or to be rendered by each such Defendant in accordance with the statute made and provided. 4 Post-judgment interest pursuant to Conn. Gen. Stat. §37-1. The amount in demand is greater than $2,500.00, but less than $15,000.00 The remedy sought is based upon an express promise to pay a definite sum. Of this writ, with your doings thereon, make due service and return. Dated at Bloomfield, Connecticut on January 17, 2024. PLAINTIFF f/ By. . Walter J. Onacewicz, Esquire Nair & Levin, P.C,. “707 Bloomfield Avenue Bloomfield, CT 06002 Juris No. 042122 Telephone No. (860) 242-7585 Its Attorneys Please enter our appearance for the Plaintiff. This is an attempt to collect a debt. Any information obtained will be used for that purpose. 1505555 RETREPOD1-JO2 SCHEDULE A Plaintiff's damages are calculated as follows: Outstanding Balance: Less $14,447.36 Sales Proceeds ~800.00 Gap Insurance Rebate Finance Charge Rebate -453.08 -2,232.14 Plus Repossession Expenses +325.00 TOTAL DAMAGES: 2 14 1505555 CO1K Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance Ay aa RETAIL INSTALLMENT CONTRACT ACCOUNT #. LoT#, Buyer Name and Address Co-Buyer Name and Address Creditor-Seller Name and Address ILKA BULA N/A CASH YOUR CAR IN 168 GLENBROOK RD 350 MAIN STREET BRIDGEPORT, CT 06610 S HACKENSACK, NJ 07606 “You" and “Your” mean each Buyer above, jointly and severally. “Us” and “We” mean Creditor-Seller and Creditor-Seller's assignee. You may buy the Vehicle described below for cash or credit. The cash price is shown below as the “Cash Price”. The credit price is shown below as “Total Sale Price”, Yor ve agreed to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge delivery and acceptance of the Vehicle in good condition and ré repair. You shown in the { promise to pay Us all amounts due under this Retail Installment Contract (“Contract”), including the Total Sale Price, in accordance with the payment schedule Truth in Lending Disclosures below. You also agree to the terms and conditions below (including the Truth in Lending Disclosures) and on the additional pages of this Contract. The Annual Percentage Rate may be negotiable with Us. Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading Used 2006 Subaru B9 Tribeca 4D SUV GREEN 4 116,937 TRUTH IN LENDING DISCLOSURES FINANCE Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The total cost of Your The dollar amount The amount of credit The amount You will purchase on credit, The cost of Your the credit will cost rovided to You or on have paid after You including Your credit as a yearly You. ‘our behalf. have made all pay- down payment of rate. ments as scheduled. $1,500.00 22.99%4$ 7,174.28 is $11,001.88 $18,176.16 $ 19,676.16 Payment Schedule: Your payment schedule will be: No. of Payments ‘Amount of Payments When Payments Are Due $ $ 2 $ 318.88 Monthly, beginning January 22, 2019 re giving a in the g 10 ods or Vi fe rel i aid eA CLIN AL You curity interest icle bei St. yy U pal ym Information: Pi re than #0 day latd, You, ill , Fou maybe « entitled to a feful of pag nt char, fe fe’ of the Fit de. before the scheduled date, idthi and prepayment refunds and p eI fies.natiiditior it mation about nonpay! ARBITRATION: This Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration and not by court action. See the Arbitration Clause on Page 5 of this contract for the full terms and conditions of the agreement to arbitrate. By initialing below, you confirm that you have read, understood and agree to the terms and conditions in the Arbitration Clause ay Co > Buyer Initials Buyer Initials PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE. THROUGH ANYONE YOU CHOOSE WHO IS RESONABLY ACCEPTABLE TO US, as more fully described on page 3. INSURANCE / EXTENDED WARRANTY OR SERVICE CONTRACT/ GAP PROTECTION: Your decision to purchase optional credit insurance, optional credit disability insurance, optional service contract or extended warranty, or optional GAP protection is not a factor in the credit approval process or our decision to extend credit. THIS DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY.INJURY OR PROERTY DAMAGE. WITHOUT SUCH INSURANCE, YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS. 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. 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. Guia iculos usados, La informacién que ve en el formulario de {a ventanilla para este vehiculo forma parte del presente contrato. La infor- macion del formulario de la ventanilla deja sin efecto toda disposicién en contrario contenida en el contrato de venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO ARBITRATE SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN B’ REFERENCE. cS Buyer's Initials [7] NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. Buyer's Initials Ail Rights Reserved. PAGE 1 of 5 The original retail installment contract is assigned to Credit Acceptance Corporation. ‘This copy was created on 12/22/2041 opy ol clectronic Original Not required to mail o x this copy to Credit Acceptance ITEMIZATION OF AMOUNT FINANCED and Sales Tax $. 699.88 ($2094.88 (1) 1. Cash Price including accessories and improvements to the Vehicle, 1,500 2. Down-Payment Calculation: Cash Down Payment... Deferred Down Payment g_ _N /A(B) N/A _(c) Trade-In Description: Gross Trade-tn...... Make: N/A_(p Model. N/A «Payoff Mace by Seller. Net Trade-In (Ifnegative number, insert ‘O" in line 2(E) and itemize difference in 4(E) bel fou) (6-0) t wa ‘Trade-In Description: Gross Trade-In. Make: Model N/A. Payoff Made by Seller... . $___N/A_(G) N/A (H) oe Net Trade-In (If negative number, Insert ‘0” in (H) and itemize difference in 4(K) below) (F-G)....$. N/A_ (ly Other: Manufacturers Rebate...... (At BeE Hells 1,500.00 (2 Total Down Payment 7,594 . 88 (3) Unpaid Balance of Cash Price (1 less 2)... Other Charges Including Amounts Paid to Others on Your Behal *(NOTICE: A portion of these charges may be paid to or retained by Us.) N/A *Cost of Required Physical Damage Insurance Paid to Insurance Compan) $ 1,785.00 () *Cost of Optional Extended Warranty or Service Contract Paid to the Company name: 25.00 (C) Cost of Fees Paid to Public Officials for Filing or Perfecting a Security Interest ..... $ 374.00 (D) Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration $ Other Pheroes (Seller must identify who will receive payment and describe purpose) N/A © to NPhoenix American Administrators, Inc. for lien or lease payoff . for Splignal GAP Prote $21 223-00 (F} *to N/A @) to N/A for N/A (uy) tio N/A for N N/K (j *to N/A for N/A 4to N/A for N/A N/A (Jy N/A ) to N/A for lien or lease payoff. 3,407.00 (4) Total | of Other Charges and Amounts Paid to Others on Your Behalf. 5) 5. Less Prepaid Finance Charge... “g__11,001.88 (6) 6. Amount Financed - Unpaid Balance (G+ 4 less 5)... Although You ars ’@ not required to purchase an optional extended warranty or 8 OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: on credit, by signing belo w You are indicating that You and voluntarily elect to buy an optional service contract as a condition of purchasing thisthe Vehicle repair of certain major mechanic: al breakdown s of the Vehicle related expenses. Refer to the extended warranty or service contract covering 6 Santa jeu 5 gain Soy & HO AN 7 Ferm: NA Nat Wha Cla on et, Bonen | Date Buyer's Signature: Date Buyer's Signature is not req uired to obtain credit. GAP protection will not be provided under this Contract GAP PROTECTION: Optional Guaranteed Auto Protectioncost(GAP) sho wn below and on Line 4F of the [TEMIZATI ON OF AMOUNT FINANCED. You may obtain unless You sign for it below and agree to pay the additional optional GAP protection from a per: son of Your choice that is authorizes .d to sellin such coverage and is acceptable to Us. The GAP contract issued by the provider of the protection will descri ibe the terms and conditions of coverage further detail. If You want GAP protection, sign below. Inc. 57 Mos. PB hoenix American Administrators, Cost: $ 1,223.00 Term: Provider: eS Wea Bilas nrmisnarvad 12/22/2018 | Buyer's Signature Date Buyer's Signature Date NOTICE TO RETAIL BUYER Do not sign this Contract in blank. You are entitled to a copy of the Contract at the time You sign. Keep it to protect Your legal rights. received a copy of this Contract with all blanks filled You agree to the terms of this Contract and acknowledge that You have S04 in and that You have read it and understand it. sex Buyer's Signature: x Buyer's Signature: x Galea Santee sxannsoratqueat Title: AGENT Seller: CASH YOUR CAR INC By: 2018 This Contract is signed by the Seller and Buyer(s) hereto this 22nd day of. December NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. PAGE 2 of 5 All Rights Reserved. The original retail installment contract is assigned to Credit Acceptance Corporation. This copy was created on 12/22/2018 copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance 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). All money or goods received (proceeds) for the Vehicle; 3). All insurance, maintenance, service or other contracts We finance for You; and 4). All 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 Usa 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 (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. You! ir Other Promises to Us. You promise that: You will not remove the Vehicle from the United States or Canada. 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 interestto 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. Ifa governmental agency impounds the Vehicle, You will notify Us immediately and regain ve sses sion ‘ol1u will pay taxes, fines, of the Vehicle. We may regain possession of the Vehicle and treat it as a default. all taxes, assessments, rentals, charges, and other fees imy sed on the Vehicle when they are due. If We pay any repair bills, storage fees, or other charges on the Vehicle, You agree to repaytl he amount to Us. bills, 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 concerning You or any information about the Vehicle that We may feasonably 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. 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. If You prepay Your account balance in full within 12 months after the due date of Your first payment, You will be charged a $20 prepayment charge. IfYou prepa’ excuse any a partial t a only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account iter scheduled payments. You must still make all scheduled payments on time until Your obligation under prepayment Your last payment or payments may be less than the scheduled amount due. balance, however a prepayment will not this Contract is paid in full. If You make imagé that insural coveref Ye to US: mus sure Yo appr is ni Us= type4 insurance which covers both interests in the Vehicle, We may, if We decide, buy instwranoe ford | fins is} infact At any BgainSt lo: tine dir which covers only our interest, to the ATS extent permitted by law. We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverages, 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 in equal installments along with the payments shown on the Payment Schedule. Ifthe 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 or used to buy similar insurance which covers only our interest in the Vehicle. Ifa refund for required insurance is credited to Your account, it will be applied to as many of Your installment payments as they will cover, beginning with the next maturing installment, Any refund on optional credit life or credit accident and health insurance shall be made in accordance with applicable law. Any refund on optional 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, receivership or insolvency is started by You or against You or Your property. 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 [72] NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16) © 2012-2016 Credit Acceptance Corporation. Buyer’s Initials All Rights Reserved. PAGE 3 of 5 The original retail installment contract is assigned to Credit Acceptance Corporation his copy was created on 12/22/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Starter Interrupti ion 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 t! he Vehicle when permissible law and the terms of this Contract allow Usto repossess th 1e Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your d {efault in order to restart the Vehicle. You acknowledge is disabled but You need an emergency that You have been provided with a toll free telephone number that You may call, no more than once per month, if the Vehiclefor additional information on the Device. activation which will allow the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer's Disclosure You. To repossess the Vehicle, We can enter Your property, ‘or the Repos: session of the Vehicle. If You default, We may take (repo: ssess) the Vehicle fromy accessories, where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any equipment or replacements will remain with the Vehicle. property You hereby acknowledge and agree that any per sonal property contained within the Vehicle may be remove d and held without liability to Us or our agent. It is Your responsibility to prompily and immediately contact Us to make arrangementsf for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession. Getting the Vehicle Back After Repossessi back (redeem) at any time before We ion. If We repossess the Vehicle, You have the right to pay to get it reasonable sell, lease, license or otherwise dispose of any or a! of the Vehicle in its present condition or following any commercially preparation or processing. transfer of the Vehicle will be mailed to Your last Sale of the Repossessed Vehicle. Any notice that is required to be giver n to You of an intended saleorortransfer as reflected in our records, in a reasonable period before the date of the intended sale (or such other period of time as is required known address, by law). If the Vehicle is sold, We will use the net proceeds of the sale to pay all or part of Your debt. holding, preparing for sale, and selling the Vehicle, and any attorney fees and court costs, if permitted by law, will be subtracted from Ho seh lingcharges The net proceeds of the sale will be figured this wa’ for taking, t price. else. For example, We may be 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 required to pay a lender who has given You a loan and has also taken a security interest in the Vehicle. 1 You owe more than the net proceeds of sale, You will pay Us the difference betweentl 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. Collection Costs. If You default and We hire an att lomey who is not our salaried employee to collect what You owe, You will pay the attorney's ofreasonable fee the first $500 and any court costs as permitted by law. If the cash rice of the Vehicle was $10,000 or less, the maximum attorney's fee will not exceed 20% and 10% on any excess of the amount due and payable under the Contract. Delay in Enforcing Rights and Changes of this Contr: act. We can delay or refrain from enforcing any of our rights under this Contract without losing them. For example, We can extend the tim e for making some payment ts without extending others. Any change in the terms be in writing and signed of this Contract must by Us. No oral changes are binding. If any part of this Contract is not valid, all other parts will remain enforceable. per $100 per year Interest After Maturity. You further agree to pay interest at the Annual Percentage Rate stated on page 1this Contract not to exceed $16 provision, or the highest rate permite -d by applicable law, on any amour ints that remain unpaid after maturity maturity of this Contract. For the purposes of this EEO T Rann means the earlier of the date Your final payment is due or the date We accelerate the Contract. je st Afro “yy Ing ISI Re OR Al ;IMPLIED ‘Al 1 ER, CQ THE (AR 90 DAYS FROM THE DATE OF THIS CONTRACT. VEHICLE THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE MANUFACTURER. Judgment Rate. Interest on any judgment awarded on this Contract will be at the highest rate permitted by applicable law. Contract, except to the extent 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 preempted by applicable federal law. ASSIGNMENT in and to the Vehicle described FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller's right, title and interest in and to this Contract, and herein, to CREDIT ACCEP” TANCE CORPORATION (“Assignee”), its successors and assigns, pursuant to and in accordance with the terms and conditions set forth in the existing dealer agi reement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, either in Assignee’s name or of this Contract, Seller in Seller's name, to take all acti ions which Seller could have taken under this Contract. In order to induce Assignee to accept assignment represents and warrants to Assignee as set forth in the existing dealer agreement. with the terms and NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance to: CREDIT conditions set forth below on this Contract. This assignment is without recourse. You must make all future payments CORPORATION, 25505 WEST TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. ACCEPTANCE Seller: CASH YOUR CAR INC py Bosal la Title: AGENT ch Buyer's Initials (72 NEW JERSEY CREDIT ACCEPTANCE CORPORATION (11-16) Buyer's Initials © 2012-2016 Credit Acceptance Corporation. PAGE 4 of 5 All Rights Reserved. ‘The original retail installment contract is assigned to Credit Acceptance Corporation, This copy was created on 12/22/2018 Copy of Electronic Original Not required to mail or fax this copy to Credit Acceptarice AGREEMENT TO ARBITRATE This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolvin disputes in front of one or je and/or jury, In this Arbitration Clause, “We” and “Us” 9 mean Seller and/or Seller's assignee (ind f ucersons, more neutral instead of having a trial in court in front ofa ding, without limitation, Credit Accey tance Corporat fe. los or their employees, assignees, or any third party providing any goods or services in connection with the origination, servicing and col lection of amounts due under the Contract if such third party is named as a party between You and Us. “You" and “Your” means each Buyer named above. ¢ BE Your Right to Reject: If You don't want this Arbitration Clause to aj ly, You may reject it by mailing Us at 5070 a written rejection notice that describes the Contract and tells Is that You are rejecting this Arbitration P.O. Box 5070, Southfield, Michigan 48086- Clause. A rejection notice is onl I effective if it is signed by all buyers, co-bu ers and cosigners and the envelope that the rejection notice is sent in has of this Contract. If You reject this Arbitration Clause, that will not affect any other provision of this Contract ft a post mark of 30 days or less at ter the date or the status of Your Contract. If You don't reject this Arbitration Clause, it will be effective as of the date of this Contract. A “Dis ute” is ant y controversy or claim between You and Us arising out of or in any way under or th is Contract, the its financing, or an telated to this Contract, including. but not limited to, any default collection of amounts due under this Contract, the purchase, sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle product or service included in this Contract. “Dispute” shall have fe the broadest meanil possible, and includes contract claims, and claims based on Yo rt, violations of laws, statutes, ordinances or ret julations or any other legal or equitable theories. Notwithstanding the foregoing, “Dispute” does not include any individual action brought by You in smal l claims court or Your state's equivalent court, unless such action is transferred, removed or appealed to a different court. “Dispute” does not include an) yy repossession of the Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any 1 individual action by ny You to prevent Us from us