Preview
45D03-2403-C C-002058 Filed: 3/6/2024 2:57 PM
Clerk
Lake Superior Court, Civil Division 3 Lake County, Indiana
STATE OF INDIANA ) LAKE COUNTY CIRCUIT/SUPERIOR COURT
) Ss:
COUNTY OF LAKE ) CAUSE NO:
Consumer Portfolio Services, Inc.,
Plaintiff,
Vv
Jeremy S. Devries,
Defendant.
COMPLAINT ON INSTALLMENT CONTRACT
Comes now the Plaintiff, by counsel, who states as follows:
1, Jurisdiction and venue are proper, as the acts upon which this cause of action are based
occurred within the territorial jurisdiction of this Court or the Defendant resides therein.
2. Plaintiff owns and holds a Retail Installment Contract and Security Agreement
(“Contract”) executed by Defendant Jeremy S. Devries, a copy of which is attached hereto and
made a part hereof as Exhibit "A".
3. The security under the Contract was a 2013 GMC Acadia (“Vehicle”).
4. Defendant Jeremy S. Devries defaulted under the terms of the Contract and Plaintiff
thereafter repossessed the Vehicle.
5. Plaintiff, after notifying Defendant Jeremy S. Devries of the amount to cure the default,
thereafter sold the Vehicle at auction.
6. There is a deficiency balance due from the sale of the Vehicle in the amount of $11,460.18,
plus late fees in the amount of $570.00, plus interest at the statutory rate from the date of judgment.
WHEREFORE, Plaintiff respectfully requests judgment against Defendant Jeremy S.
Devries in the sum of $11,460.18, plus late fees in the amount of $570.00, plus interest at the
statutory rate from the date of judgment; together with court costs and for all other relief just and
proper in the premises,
Respectfully Submitted,
/s/ Michelle D, Heinz
SOTTILE & BARILE, LLC
Michelle D, Heinz (35932-82)
Counsel for Plaintiff
7530 Lucerne Drive, Suite 210
Middleburg Heights, OH 44130
(440) 572-1511
Fax (440) 230-3280
collections@sottileandbarile.com
2024-0178
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THIS
OFFICE IS DEEMED TO BE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
ILAW'553-IN-ARB-eps 12/20
RETAIL INSTALLMENT SALE CONTRACT — SIMPLE FINANCE CHARGE
(WITH ARBITRATION PROVISION)
Buyor Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address)
(Including County and Zip Code) (Including County and Zip Code)
JEREMY S DEVRIES. NA HOBART AUTO SALES
7024 NORTHCOTE AVE 447"
HAMMOND, LAKE, IN 46324 HOBART, IN 46342
You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on
credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes “we or “us” in this contract) the Amount Financed
and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis at the Base Rate
of 22.15 % per year. The Truth-In-Lending Disclosures below are part of this contract.
New/Used Year Make and Model Odometer Vehicle Identification Number Primary Use For Which Purchased
Personal, family, or household unless
otherwise indicated below.
USED 2013 GMC ACADIA
OO business O agriculture
110,753 1GKKRPKD7DJ196787
If business use is O an individual
checked, Buyer is: [] a corporation, partnership,
or other organization
FEDERAL TRUTH-IN-LENDING DISCLOSURES Returned Check Charge: You agree to pay a charge of
FINANCE Amount Total of Total Sale $. 5 ifany check you give us is dishonored
PERCENTAGE CHARGE Financed Payments rice or any electronic payment is returned unpaid.
The dollar The amount of The amount you The total cost of
The cost of amount the credit provided will have paid after your purchase on
your credit as credit will to you or you have made alll credit, including Business and Agricultural Use. If this box is
a yearly rate, cost you. on your behal payments as your down checked, the following late charge applies to vehicles
scheduled. payment of purchased primarily for business or agricultural use.
$2,000.00 _is} If a payment is not received in full within N/A__
—__ 22.75% $ 11,836.20
_} $ 16,884.00
_| $ 28,720.21 $ 30,720.20 days after it is due, you will pay a late charge of
Your Payment Schedule Will Be: (e) means an estimate $. or N/A _% of the part of the
Number of Amount of ‘When Payments. payment that is late, whichever is less.
Payments Payments re Due If this box is not checked, the late charge in the
“Federal Truth-In-Lending Disclosures’ still applies,
60 $478.67 Monthly beginning 03/15/2022
One Final CIVENDOR'S SINGLE INTEREST INSURANCE (VSI
Payment Of |$ N/A (On NIA insurance): If the preceding box is checked, the Creditor
Tequires VSI insurance for the initial term of the contract
NA
to protect the Creditor for loss or damage to the vehicle
(collision, fire, theft, concealment, skip). VSI insurance is
for the Creditor's sole protection. This insurance does
Late Charge. It payment is not received in full within 10 days afler it is due, you will pay a late charge Not protect your interest in the vehicle. You may choose
of: $ 5.00 it payments are due every 14 days or less; or $ 25.00 if payments are due every the insurance company through which the VSI
15 days or more, or this contract is payable in a single installment due al least 30 days after it is made. insurance is obtained. If you elect to purchase VSI
Prepayment. If you pay early, you will nol have to pay a penally, insurance through the Creditor, the cost of this
Secutlty Interest. You are giving a security interest in the vehicte being purchased. insurance is $ NA andis also shown
Additional Information: See this contract for more information including information about nonpayment, in item 4B of the Itemization of Amount Financed. The
default, any required repayment in full before the scheduled date and security interest. coverage Is for the initial term of the contract.
OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree
to pay thé extra charge. if you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for
details on the terms and conditions it provides. It is a part of this contract.
Term 50 Mos. CLASSIC
Name of Gap Contract
{want fo buy a gap contract.
Buyer Signs X _bA_B
‘Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect fo resolve any dispute by neutral, binding
arbitration and not by a court action, See the Arbitration Provision for additional information concerning the agreement to arbitrate.
Buyer Signs X to Ai. Co-Buyer Signs X N/A
Buyer Signs X_ba_ Bi Co-Buyer Signs x _N/A LAW 553-IN-ARB-eps 12/20 v1 Page 1 of 5
_ 158229456 - 158229461 eOriginal Document Export - Original 01/31/20220 ai PM EST,
ITEMIZATION OF AMOUNT FINANCED Insurance. You may buy the physical damage insurance this
1 Cash Price (including $1,469.00 ___ sates tax) contract requires {rom anyone you choose who Is acceptable
$11,869.00 _ (1) tous, You may also pravide the physical damage insurance
through an oxisting policy owned or controfled by you that [s
2 Total Downpayment = acceptable to us. You are not required to buy any other
insurance to obtain credit unless the box Indicating Vendor's
Trade-In WA Single Interest Insurance is required fs checked on page 1 of
(Year) (Make) (Model) is contract,
If any Insurance Is checked below, pollcles or cartificates
Gross Trade-In Allowance $NA from the named Insurance companies will describe the terms
Less Pay Off Made By Soller to NIA NA. and conditions.
Equals Net Trade In $_—___NA_ Check the Insurance you want and sign below:
+ Cash $—2,000.00_ Optional Credit Insurance
+ Other NA C1 Credit Life: Cl Buyer C) Co-Buyer CI Both
+ Other NIA. N/A (2 Credit Disability: C Buyer C1 Co-Buyer CI Both
+ Other NIA. NYA Premium:
(If total downpayment is negative, enter "0" and see 4] below) $. 2,000.00 _ (2) Credit Life $ WA
3. Unpaid Balance of Gash Price ({ minus 2) $15,689.00 __ (a) Credit Disability§ WA
4 Other Charges Including Amounts Paid to Others on Your Behalf Insurance Company Name NA
(Seller may keep part of these amounts); NA
A Cost of Optional Credit Insurance Paid to Insurance Company or Companies, Home Office Address N/A
Life, NA NIA
Disability SNIA $ N/A t life insurance
and credit disability insurance
required to obtaln credit, Your decision to.
are not
Vendor's Single Interest Insurance Paid to Insurance Company NIA {ife insurance and credit disabilit i Ineurarce i Il not be a factor
inthe provided
Ne
Other Optional Insurance Pald to Insurance Company or Companies $ NIA and ages,
Optional Gap Contract $ 4,000.00 ua the cost Is
inanced, it
tem AA of the '‘Iterization
suranceIs ‘on your
Official Fees Pald to Government Agencies arginal
fONA for NIA NA
schedule, This inguranoa may
‘owe on this contract If you make late payments,
Insurance does not cover any increase in. yo payment
ost inte
{ONIA for WA NA number of payments. Covers insures end cred
disability insurance ends due te for the last
{ONIA for NIA NA. unless a different term for the insurance is
Government Taxes Not Included in Cash Prica NAL
Government License and/or Registration Fees
NA
NA NA
Government Certificate of Title Fees, 45.00. Other Optional Insurance
Other Charges (Seller must identity who is paid and describe purpose.) NIA NA
(oO N/A for Prior Credit or Lease Balance NIA ‘Type of insurance Term
{0 DEALER for DOCUMENTATION FEE. 200.00 Premium $ NA.
{Oo N/A for NA. NA Insurance Company Name WA
10 N/A for WA NIA NA
tO NIA for N/A. NA Home Office Address WA
{oO NA for NIA NA NA
!ON/A for N/A NIA NIA. NA
1ONA for WA NA ‘Type of Insurance Term
{oO NIA for N/A WA Premium$ WA
fo N/A for N/A NIA. Insurance Company Name N/A
{0 NIA for WA NA VA
{oO NA for NIA NIA Home Office Address NIA
to N/A for N/A. N/A NA
Total Other Charges and Amounts Pald to Others on Your Behalt $. 1,216.00 (4) Other optional insurance is not required to obtain credit,
Your decision to buy or not buy other optional Insurance will
5 Prepaid Finance Charge Paid to Seller $. NA__ (5)
6 Principal Amount (34435) 46,884.00 ©
not be a factor in the credit approval process.It will not be
provided unless you sign and agree to pay the extra cost,
7 Amount Financed (6 minus 5) $ 16,884.00 __ (7)
| want the optional credit Insurance and the other
OPTION: [7] You pay no finance charge If the Amount Financed, item 7, is paid In full on or before Insurance checked above,
———_NIA__, Year N/A, SELLER'S INITIALS __N/A__ XNA NA
Buyer Signature Date
XNA NIA
Co-Buyer Signature Date
THIS INSURANCE DOES NOT INCLUDE
INSURANCE ON YOUR LIABILITY Ft
BODILY INJUR
DAMAGE CAUSED TO OTHERS.
PI an
Buyor Signs X_b4 Bi Co-Buyer Signs x NWA LAW 553-IN-ARB-eps 12/20 v1 Page 2 of 5
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OTHER IMPORTANT AGREEMENTS
1 FINANCE CHARGE AND PAYMENTS Security Interest.
a How we will figure Finance Charge. We will treat any You give us a security interest in:
prepaid finance charge as fully earned on the date of this . The vehicle and all parts or goods put on it;
contract. We will figure the rest of the Finance Charge on a . All money or goods received (proceeds) for the
dally basis at the Base Rate on the unpaid part of the vehicle.
Principal Amount. Your Principal Amount is the sum of the All insurance, maintenance, service, or other
Amount Financed and the Prepald Finance Charge, if any. contracts we finance for you; and
How we will apply payments. We may apply each All proceeds from insurance, maintenance, service or
payment to the earned and unpaid part of the Finance other contracts we finance for you. This includes any
Charge, to the unpaid part of the Amount Financed and to refunds of premiums or charges from the contracts.
other amounts you owe under this contract In any order we This secures payment of all you owe on this contract. It
choose as the law allows. also secures your other agreements In thls contract. You
How late payments or early payments change what will make sure the title shows our security interest (lien) in
you must pay. We based the Finance Charge, Total of the vehicle, You will not allow any other security Interest to
Payments, and Total Sale Price shown on page 1 of this be placed on the title without our written permission.
contract on the assumption that you will make every Insurance you must have on the vehicle.
payment on the day it is due. Your Finance Charge, Total You agree to have physical damage Insurance covering
of Payments, and Total Sale Price will be more if you pay loss of or damage to the vehicle for the term of this
late and less if you pay early. Changes may take the form contract. The insurance must cover our Interest in the
of a larger or smaller final payment or, at our option, more vehicle, You agree to name us on your insurance policy as
or fewer payments of the same amount as your scheduled an additional insured and as loss payee. If you do not have
payment with a smaller final payment. We will send you a thls insurance, we may, if we choose, buy physical
notice telling you about these changes before the final damage insurance, If we decide to buy physical damage
scheduled payment is due, insurance, we may either buy insurance that covers your
You may prepay. You may prepay all or part of the unpaid interest and our interest in the vehicle, or buy insurance
part of the Principal Amount at any time without penalty, If that covers only our interest. If we buy either type of
you do s0, you must pay the earned and unpaid part of the insurance, we will tell you which type and the charge you
tinance charge and all other amounts due up to the date of must pay. We may, at our option, add the amount to the
your payment as the law permits. If page 2 of this contract unpaid part of the Principal Amount. If we do so, we will
Indicates that you have been assessed a prepaid finance provide you with a copy of any revised payment schedule,
charge, the prepald finance charge will be considered The charge will be the premium for the insurance and a
earned as of the date of this contract. If, however, upon Finance Charge computed at the Base Rate shown on
Prepayment, the prepaid finance charge plus accrued page 1 of this contract. If the vehicle is lost or damaged,
finance charges produce a total finance charge in excess of you agree that we may use any Insurance settlement to
that permitted by Indiana law, we will apply the excess to reduce what you owe or repair the vehicle.
reduce what you owe under this contract and then refund What happens to returned insurance, maintenance,
any remaining amounts to you. service, or other contract charges. If we get a refund of
Your right to refinance a balloon payment. A balloon Insurance, maintenance, service, or other contract
payment Is a scheduled payment that Is more than twice charges, you agree that we may subtract the refund from
as large as the average of your earlier scheduled what you owe.
payments. If you are buying the vehicle primarily for
personal, family, or household use, you have the right to 3, IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
refinance the balloon payment when due without penalty. a, You may owe late charges. You will pay a late charge on
The terms of the refinancing will be no less favorable to each late payment as shown on page 1 of this contract.
you than the terms of this contract. This provision does not Acceptance of a late payment or late charge does not
apply if we adjusted your payment schedule to your excuse your late payment or mean that you may keep
seasonal or irregular income. making late payments, If you pay late, we may also take the
steps described below.
2. YOUR OTHER PROMISES TO US You may have to pay all you owe at once, If you break
a If the vehicle is damaged, destroyed, or missing. You your promises (default), we may demand, without prior
agree to pay us all you owe under this contract even If the notice to you, that you pay all you owe on this contract at
vehicle Is damaged, destroyed, or missing. once. Default means:
b Using the vehicle. You agree not to remove the vehicle . You do not pay any payment on time;
from the U.S, or Canada, or to sell, rent, lease, or transfer .You give false, Incomplete, or misleading Information
any Interest in the vehicle or this contract without our during credit application;
written permission. You agree not to expose the vehicle to . You start a proceeding in bankruptcy or one Is started
misuse, seizure, confiscation, or involuntary transfer. If we against you or your property; or
pay any repair bills, storage bills, taxes, fines, or charges . You break any agreements in this contract.
‘on the vehicle, you agree to repay the amount when we The amount you will owe will be the unpaid part of the
ask for It. We may, at our option, add the amount to the Amount Financed plus the earned and unpaid part of the
unpaid part of the Principal Amount and charge you a Finance Charge, any late charges, and any amounts due
finance charge on the amount at the Base Rate. because you defaulted, subject to any refund or credit
required by law,
Buyor Signs X_h4 BA Co-Buyer Signs x _N/A LAW 553-IN-ARB-eps 12/20 vt Page
3 of 6
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You may have to pay collection costs. If we hire an attorney
to collect what you owe, you will pay the attorney's fee and court WARRANTIES SELLER DISCLAIMS
costs as the law allows. You will also pay any reasonable Unless the Seller makes a written warranty, or enters into a
collection costs we incur to enforce our security Interest, as the service contract within 90 days from the date of this
law allows. contract, the Seller makes no warranties, express or
We may take the vehicle from you. If you default, we may take implied, on the vehicle, and there will be no implied
(repossess) the vehicle from you if we do so peacefully and the warranties of merchantability or of fitness for a particular
law allows it. If your vehicle has an electronic tracking device purpose.
(such as GPS), you agree that we may use the device to find the This provision does not affect any warranties covering the
vehicle. If we take the vehicle, any accessories, equipment, and vehicle that the vehicle manufacturer may provide.
replacement parts will stay with the vehicle. If any personal items.
are in the vehicle, we may store them for you. If you do not ask Used Car Buyers Guide. The information you sea on the
for these items back, we may dispose of them as the law allows. window form for this vehicle Is part of this contract.
How you can get the vehicle back if we take it. If we Information on the window form overrides any contrary
repossess the vehicle, you may pay to get It back (redeem). We provisions in the contract of sale,
will tell you how much to pay to redeem. Your right to redeem Spanish Translation: Guia para compradores de vehiculos
ends when we sell the vehicle. usados, La informacién que ve en el formulario de la
We will sell the vehicle if you do not get it back. If you do not ventanilla para este vehiculo forma parte del presente
redeem, we will sell the vehicle. We will send you a written notice contrato, La informacién del formulario de la ventanilla deja
of sale before selling the vehicle. sin efecto toda disposicién en contrario contenida en el
We will apply the money from the sale, less allowed expenses, contrato deventa.
to the amount you owe. Allowed expenses are expenses We pay
as a direct result of taking the vehicle, holding it, preparing it for 6 SERVICING AND COLLECTION CONTACTS
sale, and selling it. Attorney fees and court costs the law permits You agree that we may try to contact you In writing, by e-mail, or
are also allowed expenses. If any money is left (surplus), we will using prerecorded/artificial voice messages, text messages, and
pay it to youu unless the law requires us to pay It to someone else. automatic telephone dialing systems, as the law allows. You also
If money from the sale is not enough to pay the amount you owe, agree that we may try to contact you in these and other ways at
you must pay the rest to us unless the law provides otherwise. If any address or telephone number you provide us, even if the
you do not pay this amount when we ask, we may charge you telephone number is a cell phone number or the contact results
interest at a rate equal to the Base Rate shown on page 1 of this in a charge to you.
contract until you pay.
What we may do about optional insurance, maintenance, a APPLICABLE LAW
service, or other contracts, This contract may contain charges Federal law and the law of the state of Indiana apply to this
for optional insurance, maintenance, service, or other contracts. contract.
if we demand that you pay all you owe at once or we repossess
the vehicle, we may claim benefits under these contracts and
cancel them to obtain refunds of unearned charges to reduce
what you owe or repair the vehicle. If the vehicle Is a total loss
because It Is confiscated, damaged, or stolen, you agree that we
may claim benefits under these contracts and cancel them to
obtain refunds of unearned charges to reduce what you owe.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO 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.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other
cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor)
may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
Buyer SignsX _ fr Bihan Co-Buyer Signs X_N/A LAW 553-IN-ARB-eps 12/20 vi Page 4 of 5
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ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER Yt OR We MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT
OR BY Ji A inv
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHTTO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
‘OU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS,
3. DISCOVERY AND RIGHTSTO APPEAL IN ARBI ITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
bi
Any claim or di ute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision,
and the arbitral ty of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out ol
or relates to your credit application, purchase or condition of this vehicle, this contract or any resultin
including any such relationship with 1 ird_ parties who do not sign this contrac t) shall, at So
transaction or relationshi
ur or our ele ction, be resolved by neutral,
i
indin arbitration and not by a court action. If federal law provi ides that a claim or dispute is not subject to binding arbitration, this
‘
Arbitr ral ion Provision shall not ap) ly to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual
asis and not as a class action, fou expressly walve ant
Arbitration Association (owewadeorg fF any other organi caf
ht you may have to arbitrate a class action. You may choose the American
ion to conduct the arbitration subject to our approval. You may get a copy of
the rules of an arbitration organization by contacting the organization or visiting its website.
{
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the a| plicable rules. The arbitrator shall apply governing
substantive law and the applicable stal ute of limitations. f
The arbitration hearing shal be conducted in the federal district in which you
reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this
contract was executed. We will pay your filin , administration, service or case management fee and your arbitrator or hearing fee all up
to a maximum of $5000, unless the law or the rules of the c hi ‘osen arbitration organization require ui iS to pay more. The amount we pay
may be reimbursed in whole or in part by decision of the arbitrator if the arbi rator finds that any of your claims is frivolous under
applicable law. Each party shall be responsible for Its own attorney, OX] ert and other fees, unless awarded
applicable law. If the chosen arbitration organization's 3 rules conflict i wi ith t is Arbitration Provision, then the provi
the arbitrator under
ns of this Arbitrationit
St
i f
Provision shall control. Any arbitration under this Arbitration Provision shall be joverned by the ‘ederal Arbitration cl
and not by any state law concerning arbitration. Any award by the arbitral lorsi hall b e In writing and will be final and binding on all
pa les, subject to any limited right to appeal under the Federal Arbitration Act.
el
You and we retain the right to seek remedies In small claims court for disputes or claims within that court's jurisdiction, unless such action
is transferred removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such
as repossess} lon, or by filing ana action to recover the vehicle, to recover a deficiency balance, or for Individual injunctive relief, Any court
tration Provision shi al i l survive any termination, payoff or transfer
th
having jurisdiction may enter uu idgment on the arbitrator's award. This
of this contract. If any part of is Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable
for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for an\
reason In a case In which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
NO COOLING OFF PERIOD
State law does not provide for a “cooling off” or cancellation period for this sale. After you sign this contract,
you may only cancel it If the seller agrees or for legal cause. You cannot cancel this contract simply because
you change your mind. This notice does not apply to home solicitation sales or home consumer transactions.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract
and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. My ange to this contract must be in writing
and we must sign It, No oral changes are binding. Buyer Signs aw Co-Buyer Signs
It any part ofthis contract is not valid, all other parts stay vafld. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may
extend the time for making some payments without extending the time for making others.
See the rest of this contract for other important agreements,
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.
were ftree
You a ree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you
to take it and review it. You acknowledge that you have read all pages of this contract, Including the arbitration
provision above, before signing below. You confirm that you received a completely filled-in copy when you signed It.
Buyer Signs Xb 2. Date 01/29/2022 Co. Buyer Signs X N/A Date N/A
Buyer Printed Name JEREMY S.DEVRIES. Co-Buyer Printed Name NIA.
ifthe "business* use box is checked in "Primary Use for Which Purchased": Print Name N/A Title NA
Co-Buyers and Other Owners — A co-buyer is a person who Is responsible for paying the entire debt. An other owner Is a person whose name [s on the title to the vehicle bul does not have
to pay the debt. The other owner agraes to the security interest In the vehicle given to us tn this contract,
Other owner signs here X_N/A Address _NIA,
eller signs HOBART AUTO SALES. Dato 01/28/2022 py X Title £34
Seller assigns its interest in this contract to Consumer Portfolio Services, Inc, (Assignee) under the terms of Seller's agreament(s) with Assignee,
Cl Assigned with recourse [x] Assigned without recourse (7 Assigned with IImited recourso
Seller HOBART AUTO SALES.
ByX Tile £&i
[LAW eon RI‘ThaIM NO,
THERE, No’
553-IN-ARB-eps (rev. 1220)
Reyna lesa taynolda
18S, EXPRESSCompanyOR INPLIED, AS TO CONTENT OR
FITNESS FOR PURPOSE OF THIS FORU. CONSULT YOUR OWN LEGAL COUNSEL. LAW 553-IN-ARB-eps 12/20 v1 Page 5 of 5
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45D03-2403-C C-002058 Filed: 3/6/2024 2:57 PM Clerk Lake Superior Court, Civil Division 3 Lake County, Indiana STATE OF INDIANA ) LAKE COUNTY CIRCUIT/SUPERIOR COURT ) Ss: COUNTY OF LAKE ) CAUSE NO: Consumer Portfolio Services, Inc., Plaintiff, Vv Jeremy S. Devries, Defendant. COMPLAINT ON INSTALLMENT CONTRACT Comes now the Plaintiff, by counsel, who states as follows: 1, Jurisdiction and venue are proper, as the acts upon which this cause of action are based occurred within the territorial jurisdiction of this Court or the Defendant resides therein. 2. Plaintiff owns and holds a Retail Installment Contract and Security Agreement (“Contract”) executed by Defendant Jeremy S. Devries, a copy of which is attached hereto and made a part hereof as Exhibit "A". 3. The security under the Contract was a 2013 GMC Acadia (“Vehicle”). 4. Defendant Jeremy S. Devries defaulted under the terms of the Contract and Plaintiff thereafter repossessed the Vehicle. 5. Plaintiff, after notifying Defendant Jeremy S. Devries of the amount to cure the default, thereafter sold the Vehicle at auction. 6. There is a deficiency balance due from the sale of the Vehicle in the amount of $11,460.18, plus late fees in the amount of $570.00, plus interest at the statutory rate from the date of judgment. WHEREFORE, Plaintiff respectfully requests judgment against Defendant Jeremy S. Devries in the sum of $11,460.18, plus late fees in the amount of $570.00, plus interest at the statutory rate from the date of judgment; together with court costs and for all other relief just and proper in the premises, Respectfully Submitted, /s/ Michelle D, Heinz SOTTILE & BARILE, LLC Michelle D, Heinz (35932-82) Counsel for Plaintiff 7530 Lucerne Drive, Suite 210 Middleburg Heights, OH 44130 (440) 572-1511 Fax (440) 230-3280 collections@sottileandbarile.com 2024-0178 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ILAW'553-IN-ARB-eps 12/20 RETAIL INSTALLMENT SALE CONTRACT — SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) Buyor Name and Address Co-Buyer Name and Address Seller-Creditor (Name and Address) (Including County and Zip Code) (Including County and Zip Code) JEREMY S DEVRIES. NA HOBART AUTO SALES 7024 NORTHCOTE AVE 447" HAMMOND, LAKE, IN 46324 HOBART, IN 46342 You, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. You agree to pay the Seller - Creditor (sometimes “we or “us” in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis at the Base Rate of 22.15 % per year. The Truth-In-Lending Disclosures below are part of this contract. New/Used Year Make and Model Odometer Vehicle Identification Number Primary Use For Which Purchased Personal, family, or household unless otherwise indicated below. USED 2013 GMC ACADIA OO business O agriculture 110,753 1GKKRPKD7DJ196787 If business use is O an individual checked, Buyer is: [] a corporation, partnership, or other organization FEDERAL TRUTH-IN-LENDING DISCLOSURES Returned Check Charge: You agree to pay a charge of FINANCE Amount Total of Total Sale $. 5 ifany check you give us is dishonored PERCENTAGE CHARGE Financed Payments rice or any electronic payment is returned unpaid. The dollar The amount of The amount you The total cost of The cost of amount the credit provided will have paid after your purchase on your credit as credit will to you or you have made alll credit, including Business and Agricultural Use. If this box is a yearly rate, cost you. on your behal payments as your down checked, the following late charge applies to vehicles scheduled. payment of purchased primarily for business or agricultural use. $2,000.00 _is} If a payment is not received in full within N/A__ —__ 22.75% $ 11,836.20 _} $ 16,884.00 _| $ 28,720.21 $ 30,720.20 days after it is due, you will pay a late charge of Your Payment Schedule Will Be: (e) means an estimate $. or N/A _% of the part of the Number of Amount of ‘When Payments. payment that is late, whichever is less. Payments Payments re Due If this box is not checked, the late charge in the “Federal Truth-In-Lending Disclosures’ still applies, 60 $478.67 Monthly beginning 03/15/2022 One Final CIVENDOR'S SINGLE INTEREST INSURANCE (VSI Payment Of |$ N/A (On NIA insurance): If the preceding box is checked, the Creditor Tequires VSI insurance for the initial term of the contract NA to protect the Creditor for loss or damage to the vehicle (collision, fire, theft, concealment, skip). VSI insurance is for the Creditor's sole protection. This insurance does Late Charge. It payment is not received in full within 10 days afler it is due, you will pay a late charge Not protect your interest in the vehicle. You may choose of: $ 5.00 it payments are due every 14 days or less; or $ 25.00 if payments are due every the insurance company through which the VSI 15 days or more, or this contract is payable in a single installment due al least 30 days after it is made. insurance is obtained. If you elect to purchase VSI Prepayment. If you pay early, you will nol have to pay a penally, insurance through the Creditor, the cost of this Secutlty Interest. You are giving a security interest in the vehicte being purchased. insurance is $ NA andis also shown Additional Information: See this contract for more information including information about nonpayment, in item 4B of the Itemization of Amount Financed. The default, any required repayment in full before the scheduled date and security interest. coverage Is for the initial term of the contract. OPTIONAL GAP CONTRACT. A gap contract (debt cancellation contract) is not required to obtain credit and will not be provided unless you sign below and agree to pay thé extra charge. if you choose to buy a gap contract, the charge is shown in Item 4D of the Itemization of Amount Financed. See your gap contract for details on the terms and conditions it provides. It is a part of this contract. Term 50 Mos. CLASSIC Name of Gap Contract {want fo buy a gap contract. Buyer Signs X _bA_B ‘Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect fo resolve any dispute by neutral, binding arbitration and not by a court action, See the Arbitration Provision for additional information concerning the agreement to arbitrate. Buyer Signs X to Ai. Co-Buyer Signs X N/A Buyer Signs X_ba_ Bi Co-Buyer Signs x _N/A LAW 553-IN-ARB-eps 12/20 v1 Page 1 of 5 _ 158229456 - 158229461 eOriginal Document Export - Original 01/31/20220 ai PM EST, ITEMIZATION OF AMOUNT FINANCED Insurance. You may buy the physical damage insurance this 1 Cash Price (including $1,469.00 ___ sates tax) contract requires {rom anyone you choose who Is acceptable $11,869.00 _ (1) tous, You may also pravide the physical damage insurance through an oxisting policy owned or controfled by you that [s 2 Total Downpayment = acceptable to us. You are not required to buy any other insurance to obtain credit unless the box Indicating Vendor's Trade-In WA Single Interest Insurance is required fs checked on page 1 of (Year) (Make) (Model) is contract, If any Insurance Is checked below, pollcles or cartificates Gross Trade-In Allowance $NA from the named Insurance companies will describe the terms Less Pay Off Made By Soller to NIA NA. and conditions. Equals Net Trade In $_—___NA_ Check the Insurance you want and sign below: + Cash $—2,000.00_ Optional Credit Insurance + Other NA C1 Credit Life: Cl Buyer C) Co-Buyer CI Both + Other NIA. N/A (2 Credit Disability: C Buyer C1 Co-Buyer CI Both + Other NIA. NYA Premium: (If total downpayment is negative, enter "0" and see 4] below) $. 2,000.00 _ (2) Credit Life $ WA 3. Unpaid Balance of Gash Price ({ minus 2) $15,689.00 __ (a) Credit Disability§ WA 4 Other Charges Including Amounts Paid to Others on Your Behalf Insurance Company Name NA (Seller may keep part of these amounts); NA A Cost of Optional Credit Insurance Paid to Insurance Company or Companies, Home Office Address N/A Life, NA NIA Disability SNIA $ N/A t life insurance and credit disability insurance required to obtaln credit, Your decision to. are not Vendor's Single Interest Insurance Paid to Insurance Company NIA {ife insurance and credit disabilit i Ineurarce i Il not be a factor inthe provided Ne Other Optional Insurance Pald to Insurance Company or Companies $ NIA and ages, Optional Gap Contract $ 4,000.00 ua the cost Is inanced, it tem AA of the '‘Iterization suranceIs ‘on your Official Fees Pald to Government Agencies arginal fONA for NIA NA schedule, This inguranoa may ‘owe on this contract If you make late payments, Insurance does not cover any increase in. yo payment ost inte {ONIA for WA NA number of payments. Covers insures end cred disability insurance ends due te for the last {ONIA for NIA NA. unless a different term for the insurance is Government Taxes Not Included in Cash Prica NAL Government License and/or Registration Fees NA NA NA Government Certificate of Title Fees, 45.00. Other Optional Insurance Other Charges (Seller must identity who is paid and describe purpose.) NIA NA (oO N/A for Prior Credit or Lease Balance NIA ‘Type of insurance Term {0 DEALER for DOCUMENTATION FEE. 200.00 Premium $ NA. {Oo N/A for NA. NA Insurance Company Name WA 10 N/A for WA NIA NA tO NIA for N/A. NA Home Office Address WA {oO NA for NIA NA NA !ON/A for N/A NIA NIA. NA 1ONA for WA NA ‘Type of Insurance Term {oO NIA for N/A WA Premium$ WA fo N/A for N/A NIA. Insurance Company Name N/A {0 NIA for WA NA VA {oO NA for NIA NIA Home Office Address NIA to N/A for N/A. N/A NA Total Other Charges and Amounts Pald to Others on Your Behalt $. 1,216.00 (4) Other optional insurance is not required to obtain credit, Your decision to buy or not buy other optional Insurance will 5 Prepaid Finance Charge Paid to Seller $. NA__ (5) 6 Principal Amount (34435) 46,884.00 © not be a factor in the credit approval process.It will not be provided unless you sign and agree to pay the extra cost, 7 Amount Financed (6 minus 5) $ 16,884.00 __ (7) | want the optional credit Insurance and the other OPTION: [7] You pay no finance charge If the Amount Financed, item 7, is paid In full on or before Insurance checked above, ———_NIA__, Year N/A, SELLER'S INITIALS __N/A__ XNA NA Buyer Signature Date XNA NIA Co-Buyer Signature Date THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY Ft BODILY INJUR DAMAGE CAUSED TO OTHERS. PI an Buyor Signs X_b4 Bi Co-Buyer Signs x NWA LAW 553-IN-ARB-eps 12/20 v1 Page 2 of 5 158229456 - 158229461 eOriginal Document Export - Original 01/31/2022 02:46:33 PM EST OTHER IMPORTANT AGREEMENTS 1 FINANCE CHARGE AND PAYMENTS Security Interest. a How we will figure Finance Charge. We will treat any You give us a security interest in: prepaid finance charge as fully earned on the date of this . The vehicle and all parts or goods put on it; contract. We will figure the rest of the Finance Charge on a . All money or goods received (proceeds) for the dally basis at the Base Rate on the unpaid part of the vehicle. Principal Amount. Your Principal Amount is the sum of the All insurance, maintenance, service, or other Amount Financed and the Prepald Finance Charge, if any. contracts we finance for you; and How we will apply payments. We may apply each All proceeds from insurance, maintenance, service or payment to the earned and unpaid part of the Finance other contracts we finance for you. This includes any Charge, to the unpaid part of the Amount Financed and to refunds of premiums or charges from the contracts. other amounts you owe under this contract In any order we This secures payment of all you owe on this contract. It choose as the law allows. also secures your other agreements In thls contract. You How late payments or early payments change what will make sure the title shows our security interest (lien) in you must pay. We based the Finance Charge, Total of the vehicle, You will not allow any other security Interest to Payments, and Total Sale Price shown on page 1 of this be placed on the title without our written permission. contract on the assumption that you will make every Insurance you must have on the vehicle. payment on the day it is due. Your Finance Charge, Total You agree to have physical damage Insurance covering of Payments, and Total Sale Price will be more if you pay loss of or damage to the vehicle for the term of this late and less if you pay early. Changes may take the form contract. The insurance must cover our Interest in the of a larger or smaller final payment or, at our option, more vehicle, You agree to name us on your insurance policy as or fewer payments of the same amount as your scheduled an additional insured and as loss payee. If you do not have payment with a smaller final payment. We will send you a thls insurance, we may, if we choose, buy physical notice telling you about these changes before the final damage insurance, If we decide to buy physical damage scheduled payment is due, insurance, we may either buy insurance that covers your You may prepay. You may prepay all or part of the unpaid interest and our interest in the vehicle, or buy insurance part of the Principal Amount at any time without penalty, If that covers only our interest. If we buy either type of you do s0, you must pay the earned and unpaid part of the insurance, we will tell you which type and the charge you tinance charge and all other amounts due up to the date of must pay. We may, at our option, add the amount to the your payment as the law permits. If page 2 of this contract unpaid part of the Principal Amount. If we do so, we will Indicates that you have been assessed a prepaid finance provide you with a copy of any revised payment schedule, charge, the prepald finance charge will be considered The charge will be the premium for the insurance and a earned as of the date of this contract. If, however, upon Finance Charge computed at the Base Rate shown on Prepayment, the prepaid finance charge plus accrued page 1 of this contract. If the vehicle is lost or damaged, finance charges produce a total finance charge in excess of you agree that we may use any Insurance settlement to that permitted by Indiana law, we will apply the excess to reduce what you owe or repair the vehicle. reduce what you owe under this contract and then refund What happens to returned insurance, maintenance, any remaining amounts to you. service, or other contract charges. If we get a refund of Your right to refinance a balloon payment. A balloon Insurance, maintenance, service, or other contract payment Is a scheduled payment that Is more than twice charges, you agree that we may subtract the refund from as large as the average of your earlier scheduled what you owe. payments. If you are buying the vehicle primarily for personal, family, or household use, you have the right to 3, IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES refinance the balloon payment when due without penalty. a, You may owe late charges. You will pay a late charge on The terms of the refinancing will be no less favorable to each late payment as shown on page 1 of this contract. you than the terms of this contract. This provision does not Acceptance of a late payment or late charge does not apply if we adjusted your payment schedule to your excuse your late payment or mean that you may keep seasonal or irregular income. making late payments, If you pay late, we may also take the steps described below. 2. YOUR OTHER PROMISES TO US You may have to pay all you owe at once, If you break a If the vehicle is damaged, destroyed, or missing. You your promises (default), we may demand, without prior agree to pay us all you owe under this contract even If the notice to you, that you pay all you owe on this contract at vehicle Is damaged, destroyed, or missing. once. Default means: b Using the vehicle. You agree not to remove the vehicle . You do not pay any payment on time; from the U.S, or Canada, or to sell, rent, lease, or transfer .You give false, Incomplete, or misleading Information any Interest in the vehicle or this contract without our during credit application; written permission. You agree not to expose the vehicle to . You start a proceeding in bankruptcy or one Is started misuse, seizure, confiscation, or involuntary transfer. If we against you or your property; or pay any repair bills, storage bills, taxes, fines, or charges . You break any agreements in this contract. ‘on the vehicle, you agree to repay the amount when we The amount you will owe will be the unpaid part of the ask for It. We may, at our option, add the amount to the Amount Financed plus the earned and unpaid part of the unpaid part of the Principal Amount and charge you a Finance Charge, any late charges, and any amounts due finance charge on the amount at the Base Rate. because you defaulted, subject to any refund or credit required by law, Buyor Signs X_h4 BA Co-Buyer Signs x _N/A LAW 553-IN-ARB-eps 12/20 vt Page 3 of 6 158229456 - 158229461 eOriginal Document Export - Original 01/31/2022 02:46:33 PM EST You may have to pay collection costs. If we hire an attorney to collect what you owe, you will pay the attorney's fee and court WARRANTIES SELLER DISCLAIMS costs as the law allows. You will also pay any reasonable Unless the Seller makes a written warranty, or enters into a collection costs we incur to enforce our security Interest, as the service contract within 90 days from the date of this law allows. contract, the Seller makes no warranties, express or We may take the vehicle from you. If you default, we may take implied, on the vehicle, and there will be no implied (repossess) the vehicle from you if we do so peacefully and the warranties of merchantability or of fitness for a particular law allows it. If your vehicle has an electronic tracking device purpose. (such as GPS), you agree that we may use the device to find the This provision does not affect any warranties covering the vehicle. If we take the vehicle, any accessories, equipment, and vehicle that the vehicle manufacturer may provide. replacement parts will stay with the vehicle. If any personal items. are in the vehicle, we may store them for you. If you do not ask Used Car Buyers Guide. The information you sea on the for these items back, we may dispose of them as the law allows. window form for this vehicle Is part of this contract. How you can get the vehicle back if we take it. If we Information on the window form overrides any contrary repossess the vehicle, you may pay to get It back (redeem). We provisions in the contract of sale, will tell you how much to pay to redeem. Your right to redeem Spanish Translation: Guia para compradores de vehiculos ends when we sell the vehicle. usados, La informacién que ve en el formulario de la We will sell the vehicle if you do not get it back. If you do not ventanilla para este vehiculo forma parte del presente redeem, we will sell the vehicle. We will send you a written notice contrato, La informacién del formulario de la ventanilla deja of sale before selling the vehicle. sin efecto toda disposicién en contrario contenida en el We will apply the money from the sale, less allowed expenses, contrato deventa. to the amount you owe. Allowed expenses are expenses We pay as a direct result of taking the vehicle, holding it, preparing it for 6 SERVICING AND COLLECTION CONTACTS sale, and selling it. Attorney fees and court costs the law permits You agree that we may try to contact you In writing, by e-mail, or are also allowed expenses. If any money is left (surplus), we will using prerecorded/artificial voice messages, text messages, and pay it to youu unless the law requires us to pay It to someone else. automatic telephone dialing systems, as the law allows. You also If money from the sale is not enough to pay the amount you owe, agree that we may try to contact you in these and other ways at you must pay the rest to us unless the law provides otherwise. If any address or telephone number you provide us, even if the you do not pay this amount when we ask, we may charge you telephone number is a cell phone number or the contact results interest at a rate equal to the Base Rate shown on page 1 of this in a charge to you. contract until you pay. What we may do about optional insurance, maintenance, a APPLICABLE LAW service, or other contracts, This contract may contain charges Federal law and the law of the state of Indiana apply to this for optional insurance, maintenance, service, or other contracts. contract. if we demand that you pay all you owe at once or we repossess the vehicle, we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle Is a total loss because It Is confiscated, damaged, or stolen, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO 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. The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract. Buyer SignsX _ fr Bihan Co-Buyer Signs X_N/A LAW 553-IN-ARB-eps 12/20 vi Page 4 of 5 158229456 - 158229461 eOriginal Document Export - Original 01/31/2022 02:46:33 PM EST ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER Yt OR We MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY Ji A inv 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHTTO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS ‘OU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, 3. DISCOVERY AND RIGHTSTO APPEAL IN ARBI ITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. bi Any claim or di ute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitral ty of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out ol or relates to your credit application, purchase or condition of this vehicle, this contract or any resultin including any such relationship with 1 ird_ parties who do not sign this contrac t) shall, at So transaction or relationshi ur or our ele ction, be resolved by neutral, i indin arbitration and not by a court action. If federal law provi ides that a claim or dispute is not subject to binding arbitration, this ‘ Arbitr ral ion Provision shall not ap) ly to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual asis and not as a class action, fou expressly walve ant Arbitration Association (owewadeorg fF any other organi caf ht you may have to arbitrate a class action. You may choose the American ion to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. { Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the a| plicable rules. The arbitrator shall apply governing substantive law and the applicable stal ute of limitations. f The arbitration hearing shal be conducted in the federal district in which you reside unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filin , administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5000, unless the law or the rules of the c hi ‘osen arbitration organization require ui iS to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbi rator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for Its own attorney, OX] ert and other fees, unless awarded applicable law. If the chosen arbitration organization's 3 rules conflict i wi ith t is Arbitration Provision, then the provi the arbitrator under ns of this Arbitrationit St i f Provision shall control. Any arbitration under this Arbitration Provision shall be joverned by the ‘ederal Arbitration cl and not by any state law concerning arbitration. Any award by the arbitral lorsi hall b e In writing and will be final and binding on all pa les, subject to any limited right to appeal under the Federal Arbitration Act. el You and we retain the right to seek remedies In small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossess} lon, or by filing ana action to recover the vehicle, to recover a deficiency balance, or for Individual injunctive relief, Any court tration Provision shi al i l survive any termination, payoff or transfer th having jurisdiction may enter uu idgment on the arbitrator's award. This of this contract. If any part of is Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for an\ reason In a case In which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable. NO COOLING OFF PERIOD State law does not provide for a “cooling off” or cancellation period for this sale. After you sign this contract, you may only cancel it If the seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales or home consumer transactions. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. My ange to this contract must be in writing and we must sign It, No oral changes are binding. Buyer Signs aw Co-Buyer Signs It any part ofthis contract is not valid, all other parts stay vafld. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See the rest of this contract for other important agreements, 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. were ftree You a ree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you to take it and review it. You acknowledge that you have read all pages of this contract, Including the arbitration provision above, before signing below. You confirm that you received a completely filled-in copy when you signed It. Buyer Signs Xb 2. Date 01/29/2022 Co. Buyer Signs X N/A Date N/A Buyer Printed Name JEREMY S.DEVRIES. Co-Buyer Printed Name NIA. ifthe "business* use box is checked in "Primary Use for Which Purchased": Print Name N/A Title NA Co-Buyers and Other Owners — A co-buyer is a person who Is responsible for paying the entire debt. An other owner Is a person whose name [s on the title to the vehicle bul does not have to pay the debt. The other owner agraes to the security interest In the vehicle given to us tn this contract, Other owner signs here X_N/A Address _NIA, eller signs HOBART AUTO SALES. Dato 01/28/2022 py X Title £34 Seller assigns its interest in this contract to Consumer Portfolio Services, Inc, (Assignee) under the terms of Seller's agreament(s) with Assignee, Cl Assigned with recourse [x] Assigned without recourse (7 Assigned with IImited recourso Seller HOBART AUTO SALES. ByX Tile £&i [LAW eon RI‘ThaIM NO, THERE, No’ 553-IN-ARB-eps (rev. 1220) Reyna lesa taynolda 18S, EXPRESSCompanyOR INPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORU. CONSULT YOUR OWN LEGAL COUNSEL. 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