Preview
System Generated Hearing Date: 1/8/2025 9:00 AM
Location: 1A ction Cover Sheet Rev. 4/0! 1 CCM 0520
Judge: All CE aS a sss aan os
IN THE CIR 'T COURT OF COOK COUNTY, ILLINOIS ¢y.¢5
MUNICIPAL DEPARTMENT, IST DISTRICT 3/27/2024 2:29 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
OPPORTUNITY FINANCIAL, LLC ~ 120241108067 COOK COUNTY, IL
Plaintiff, 20241108067
Courtroom, 1101
vs. No.
700955t
LUIS FONSECA
Defendant(s). Jury Demand OYes No
Ho
CIVIL. ACTION COVER SHEET
A Civil Action Cover Sheet shall be filed with the complaint in all civil actions, The information contained herein is for administrative purposes
only and cannot be introduced into evidence. Please check the box of the appropriate general category which best characterizes your action
Civi Cc A “ivil Case (B)
© 0007 Confession of Judgment O 0031 Filing an Illinois Court Judgment
1 0008 Replevin O 0100 Petition for Discovery
O 0017 Detinue A Petition to take depositions or subpoena records
O 0031 Foreign Judgment before a case is filed.
Filing Out of State/Out of Country
0054 Registration of Administrative Judgment Jousi Case
-ondor jum conversion, conservation,
Tort/Personal Injury demolition/objection to fast track, exterior walls/facades, fire
Any wrong or damage done to another person, such as, physical protection, heat call (including Unincorporated Cook County),
pain, illness, or any impairment of physical condition resulting from lead paint new developments, public places of amusement,
the careless or negligent actions of others. The most common cases strategic task force inspections, public nuisance)
involve auto accident injuries.
0 0038 Housing
0027 Personal Injury Motor Vehicle O 0088 Ordinance Violation
0048 Dram Shop O 0086 Object to Fast Track
0049 Product Liability O 0044 Criminal Ordinance Violation
0057 Personal Injury Motor Vehicle Subrogation O 0037 Heat Case
0001 Personal Injury Other
0004 Tort-Intentional
0062 Property Damage The Pro Se Cou section of the Civil Division resolves disputes
between parties where the amount at issue does not exceed
Commercial Lit tion Cas $3,000. The party may act as their own attorney. Forms can be
it card agreements, any contract between two or more completed at the Pro Se desk in Room 602)
individuals)
O 0050 Pro Se ($3000.00or less)
0002 Breach of Contract
O 0071 Fraud “HA Fi
O 0074 Statutory Fraud A summary proceeding in wi ich the landlord seeks to restore
possession of the premises or payment of rent when the tenant
has wrongfully withheld rent or possession of the premises.
O 0005 Forcible (possession only)
O 0006 Joint Action (possession and rent)
O 0018 Distress for Rent
MARKOFF LAW LLC
Michael J. Belica
Attorneys for Plaintiff — 55932
29 N. Wacker Drive # 1010
By:_ Michael J. Belica
Chicago, IL 60606 Attomey
Tel. (312) 698-7300 / Fax. (312) 698-7399
service@markofflaw.com
IRIS MARTINEZ, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
519338 S30SC /NCG
DocuSign Envelope ID: 447A3E65-238C-4388-8ED3-FA89BAD41939
FILED
3/27/2024 2:29 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
MUNICIPAL DEPARTMENT, IST DISTRICT CIRCUIT CLERK
COOK COUNTY, IL
20241108067
OPPORTUNITY FINANCIAL, LLC 20241108067 Courtroom, 1101
Plaintiff, No.
Vv.
Amount Claimed: $4,172.43
LUIS FONSECA
plus costs
Defendant(s)
Return Date:
COMPLAINT — VERIFIED
THIS COMMUNICATION IS FROM A DEBT COLLECTOR
The Plaintiff claims as follows:
The Plaintiffis OPPORTUNITY FINANCIAL, LLC.
Upon information and belief, Defendant, LUIS FONSECA, resides in the County of Cook, State of Illinois.
Upon information and belief, on or about 01/27/2018, Defendant(s) entered into a Loan Agreement with Plaintiff.
Said Agreement is attached hereto as Exhibit “A”.
Upon and information and belief, Plaintiff performed all the conditions and duties on their part.
The Defendant(s) is/are in default and there is due and owing to Plaintiff
the sum of $3,822.43, including interest
and other charges.
Plaintiff further seeks reasonable attorney's fees as provided in Plaintiff's Exhibit A. and accordingly requests the
amount of $350.00.
7 Due demand has been made on Defendant(s) to pay this amount, and Defendant(s) has failed to do so.
WHEREFORE, Plaintiff prays that judgment in the amount of $4,172.43 plus costs be entered against Defendant(s) LUIS
FONSECA.
MARKOFF LAW LLC Respectfully submitted,
Michael J. Belica
Attorneys for Plaintiff — 55932 MARKOFF LAW LLC
29 .N. Wacker Drive # 1010
Chicago, IL 60606 By: Michael J. Belica
Tel. (312) 698-7300 - Fax. (312) 698-7399 One of Plaintiff's Attorneys
service@markofflaw.com
Nerification by Certification 735 ILCS 5/1-109
Under penalties as provided by law pursuant to Section 1-109 of the Cade of Civil Procedure, the undersigned certifies that
the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and
as to such matters the undersigned certifies as aforesaid that he/ she verily believes the same to be true.
Pursuant to Supreme Court Rule 222 this claim does not execed $50,000.00.
OPPORTUNITY FINANCIAL, LLC
By:
Name: re Pay Vén Beas ley-Jefiiges Legal Operations Analyst
519338 COOF \ NCG
INTO
INSTALLMENT LOAN AGREEMENT AND DISCLOSURE STATEMENT
Lender: | Opportunity Financial, LLC Borrower's Name: | LUIS FONSECA
130 E Randolph St, Suite 3400 Address: 1116 n christiana
Chicago, IL 60601 chicago, IL 60651
Customer #: |
BORROWER'S SOCIAL SECURITY NUMBER: XXX-XX-a
LOAN AMOUNT: $3,200.00 MATURITY DATE: 02/01/2019
LOAN NUMBER:
a ORIGINAL PRINCIPAL AMOUNT: $3,200.00
DATE OF LOAN: 01/30/2018
PREPAID FEES: $0.00
PAYMENT AMOUNT DUE: $97.73
PAYMENT DUE DATE: 02/00/2018
FEDERAL TRUTH-IN LENDING DISCLOSURE STATEMENT
AMOUNT TOTAL OF
FINANCED PAYMENTS
The amount of credit provided | The amount you will have paid
to you or on your behalf. after you have made all
payments as scheduled.
$3,200.00 $5,082.07
Your payment schedule will be:
No. of Payments Amount of Payments: Payments Due:
1 $97.73 02/09/2018
1 $97.73 02/16/2018
1 $97.73 02/23/2018
$97.73 03/02/2018
$97.73 03/09/2018
$97.73 03/16/2018
$97.73 03/23/2018
$97.73 03/30/2018
$97.73 04/06/2018
$97.73 04/13/2018
$97.73 04/20/2018
$97.73 04/27/2018
$97.73 05/04/2018
$97.73 05/11/2018
$97.73 05/18/2018
$97.73 05/25/2018
$97.73 06/01/2018
$97.73 06/08/2018
$97.73 06/15/2018
=“ IT
$97.73 06/22/2018
$97.73 06/29/2018
$97.73 07/06/2018
$97.73 07/13/2018
$97.73 07/20/2018
$97.73 07/27/2018
$97.73 08/03/2018
$97.73 08/10/2018
$97.73 08/17/2018
$97.73 os24/2018
$97.73 08/31/2018
$97.73 09/07/2018
$97.73 09/14/2018
$97.73 09/21/2018
$97.73 18/2018
$97.73 10/05/2018
$97.73 10/12/2018
$97.73 10/19/2018
$97.73 10/26/2018
$97.73 11/02/2018
$97.73 11/09/2018
$97.73 11/16/2018
$97.73 11/23/2018
$97.73 11/30/2018
$97.73 12/07/2018
$97.73 12/14/2018
$97.73 12/21/2018
$97.73 12/28/2018
$97.73 01/04/2019
$97.73 01/11/2019
$97.73 01/18/2019
$97.73 01/25/2019
$97.73 02/01/2019
PREPAYMENT: You may pay your loan early without any prepayment penallty- and you may be entitled to a refund of part of the
finance charge.
SECURITY: This loan is secured by a security interest in:
Your Wage Assignment,
Your ACH and debit/credit card Authorization, if given.
LATE PAYMENT FEE: You agreeto pay Lender a fee
of Ten Dollars ($10.00) for each installment payment received ten (10) or
more days after the contractual due date of the payment.
See your contract terms below for additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refund and penalties.
Itemization of Amount Financed:
1. Amount provided directly to you: $416.09
2. Amount that went towards paying off previous
loan : # NNN: $2783.91
In the Loan Agreement and Disclosure Statement ("Loan Agreement’), the words “Borrower,” "you," and "your" mean each person
signing as borrower, The Federal Truth In Lending Disclosure Statement (“Disclosure Statement”) above is part of the terms and
conditions
of this Loan Agreement.
FOR VALUE RECEIVED, you promise to pay to the order of Opportunity Financial, LLC Opportunity Financial, LLC ("Lender* or “we” or
“us” or, as applicable, any assignee or designee), at the Lender's address shown above, or such other place as Lender may designate,
the principal sum of $ 3,200.00 _ (the Amount Financed in the Disclosure Statement) plus interest, from time to time outstanding, for the
time outstanding,
until fully paid. Interest
will be computed as simple interest, and accrue on adaily basis by multiplying
the daily rate
{__0.27 _%) times the outstanding unpaid principle balance (the Amount Financed less the amount it has been reduced by payments) for
each day actually elapsed.
The daily rate is 1/365 of the agreed annual rate of (_ 99.00 _%). The agreed annual rate may be different
than the disclosed Annual Percentage Rate in the Disclosure Statement. The Annual Percentage Rate in the Disclosure Statement shown
above is calculated in accordance with equations set forth in Appendix J to Part 1026 of Regulation Z, which implements the Federal Truth
in Lending Act. We will begin charging interest on the date of the loan referenced above, Interest will be computed based upon a 365 day
year for the actual number of days elapsed. All payments received shall be applied first to the accrued interest, then to any outstanding
charges or late fees, and then to the reduction of the unpaid principal,
SCHEDULED PAYMENTS. You promise to make payments in accordance with the payment schedule shown above. You understand and
agree that if you pay more than the required scheduled payment you will still be required to make the next scheduled payment when due
(see "Prepayment" below for additional information). If authorizedby you, payments may be made by Automated Clearing House ("ACH")
debits trom your checking account, Payments may also be made by certified check, money order, or as otherwise agreed by Lender.
You understand that if you have authorized Lender to make scheduled ACH debits from your checking account, any additional payments
you may make by other payment methods will not affect the amount or timing of the scheduled ACH debits unless such authorization is
properly withdrawn. If any payments due pursuant to this Agreement are due on a day other than a business day, such payments will be
processed on the next business day.
DEFAULT AND ACCELERATION: In case of default in the payment of any installment hereof when due, or institution of any proceeding
by or against Borrower under any bankruptcy or insolvency law, or assignment by Borrower ‘or the benefit of creditors, or any execution,
attachment, warrant or other process being served on Borrower, or admission by Borrower of Borrower's inability to pay Borrower's debts
as they mature, or in case any information provided by Borrower to Lender shail be false or misleading at the time made, all obligations of
Borrower under this Agreement shall, at the option of Lender and in accordance with applicable law, be immediately due and payable.
PREPAYMENT: You may prepay this loan in full or in part at any time without premium or penalty. Such prepayment will reduce the charge
for the loan. If you do prepay in full, the amount due on prepayment will vary depending upon the unpaid principal balance at the time of
prepayment and any other fees or charges due. The amount due on prepayment shail be determined by first applying payments received
to interest accrued to the date of the prepayment, then to any charges or late payment fees, and then any remaining sums received shall
be applied to the unpaid principal,
LATE PAYMENT: You agree
to pay Lender a fee of Ten Dollars ($10.00) for each installment payment received
ten (10) or more days
after the contractual due date of the payment.
SECURITY:
To the extent permitted under applicable federal and Illinois law, this loan is secured by a security interest in your
Wage Assignment and ACH Authorization and Debit Card Authorization, if given.
RETURNED PAYMENT FEE: If your check or draft or authorized ACH debit is not honored by your financial institution because of
insufficient or uncollected funds or because account closure or no such account exists, you agree to pay Lender a fee of Twenty-Five
Dollars ($25.00) plus any actual expenses incurred in connection with each such check or draft.
COLLECTION COSTS: To the extent not prohibited by law, you agree to pay all costs of collection (including court or arbitration costs, if
applicable), legal expenses, and reasonable attorneys’ fees (if such attorney is not a salaried employee of Lender
or its assignee)
turred or paid by Lender or its assignee in collecting this Loan.
CREDIT REPORTS: You understand and agree that Lender may obtain credit reports on you on an ongoing basis until this Loan
Agreement is paid in full. You also understand that Lender may report your performance under this Loan Agreement to credit reporting
agencies.
GOVERNING LAW: The construction, validity and enforcement of this Loan Agreement shall be governed by the laws of the State of
Illinois, without regard to the principles
of conflicts of laws.
BORROWER REPRESENTATIONS: Borrower ("I") represents and affirms the following:
| AFFIRM THAT MY RESIDENCE IS IN THE STATE OF ILLINOIS AND THAT MY BANK ACCOUNT IS WITH A BANK THAT IS
ALSO IN SUCH STATE.
1 REPRESENT THAT IF | SUBMITTED A (VOIDED) CHECK AS PART OF MY APPLICATION THAT SUCH CHECK IS FROM A
LEGAL, OPEN AND ACTIVE ACCOUNT OF WHICH | AM AN OWNER AND THAT THE CHECK IS NOT ALTERED FORGED,
STOLEN, OR OBTAINED THROUGH FRAUDULENT OR ILLEGAL MEANS.
| REPRESENT THAT IF | SUBMITTED A PAY STUB WITH MY APPLICATION THAT SUCH PAY STUB IS FROM AJOB THAT I
CURRENTLY HOLD AND IT HAS NOT BEEN ALTERED OR FORGED IN ANY WAY,
| UNDERSTAND THAT THIS LOAN CARRIES A HIGHER RATE THAN OTHER CREDIT SOURCES BUT THAT | HAVE
CHOSEN THIS LOAN BECAUSE OF CONVENIENCE AND FOR OTHER REASONS.
| UNDERSTAND THAT WHILE THE LOAN HAS A TERM OF SEVERAL MONTHS, ISHOULD ATTEMPT TO REPAY IT AS
QUICKLY AS POSSIBLE TO REDUCE THE AMOUNT OF INTEREST THAT | PAY. | UNDERSTAND THAT | HAVE THE RIGHT
TO REPAY ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY.
CHANGES, DELAY IN ENFORCEMENT, AND WAIVER: This Loan Agreement is the final expression and complete expression of the
agreement between you and us. This Loan Agreement cannot be changed unless both you and we agree to the changes in writing. You
acknowledge and agree that no failure or delay on our part in exercising any right, power, or remedy under this Loan Agreement shall
affector operate as a waiver of such right, power, or remedy. No single or partial exercise of any such right, power, or remedy preclude,
waive, or otherwise affect any other or further exercise of that right, power, or remedy under this Loan Agreement. You agree that we
may waive or delay our rights under this Loan Agreement without losing them. Borrower waives notice of acceptance, presentment,
demandfor payment, protest, notice of dishonor, and any other notices, except as required
by this Loan Agreement
or other law.
SEVERABILITY:
If any provision
of this contract is held to be invalid or unenforceable, all other provision shall remain in full force and
effect.
ARBITRATION PROVISION
PLEASE READ CAREFULLY
THIS ARBITRATION PROVISION PROVIDES FOR RESOLUTION OF ALL DISPUTES THROUGH FINAL AND BINDING
ARBITRATION AND REPLACES THE RIGHT TO GO TO COURT AND HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY.
THIS ARBITRATION PROVISION ALSO WAIVES, WITH REGARD TO ANY DISPUTE, YOUR ABILITY TO PARTICIPATE IN A
CLASS ACTION LAWSUIT, IN CLASSWIDE ARBITRATION, OR IN ANY PROCEEDING CONSOLIDATED OR JOINED WITH
‘SIMILARLYSITUATED PERSONS OR ENTITIES,
A. Governing Law
This Arbitration Provision ("Arbitration Provision”) is contained in a contract evidencing interstate commerce and is governed by the
Federal Arbitration Act, 9 U.S.C. Sections 116 (°FAA‘). In the event a final, binding, and nonappealable judgment finds that the FAA does
not apply, this Arbitration Provision shall be governed by the arbitration law of the State set forth in the GOVERNING LAW PROVISION
of
this LOAN AGREEMENT without regardto that state's choiceof law rules. Claims subjectto this Arbitration Provision shall be resolved
under the substantive law
of the State set forth in the GOVERNING LAW PROVISION of this LOAN AGREEMENT without regardto that
State's choice of law rules.
B. Waiver of Jury Trial and Agreement to Arbitrate
Unless you promptly opt out of arbitration in the manner described below in Paragraph S, by entering into this Arbitration Provision you are
waiving your right to resolve any “Dispute” (defined below) in any court except a smaill claims court. Instead, you are agreeing to resolve
all Disputes between you and us (together, the “Parties”; each individually, a “Party”) and “Related Third Parties” (defined in
Paragraph D below) in binding and mandatory bilateral (i., individual) arbitration.
C. Arbitration Defined
Arbitration is a process in which persons with a dispute (1) waive their rights to file a lawsuit and proceed in court before a judge or jury;
and (2) agree, instead, to submit their dispute to a neutral third person knownas an “arbitrato’” for a decision resolvingthe dispute. Each
party to an arbitration has an opportunity to present evidence to the arbitrator although the ability to engage in discovery is limited. Other
rights available in court proceedings may also be imited, Arbitration proceedings are private and less formal than court proceedings. The
arbitrator will issue a final and binding decision resolving the dispute. That decision may be enforced as a court judgment.
A court rarely
overturns an arbitrator's decision.
D. Scope of this Arbitration Provision
For purposes of this Arbitration Provision, the words “Dispute” and “Disputes” are given the broadest possible meaning and include,
without limitation (1) all claims, disputes, or controversies arising fromor relating directly or indirectly to the signing of this Arbitration
Provision, the validity and scope of this Arbitration Provision, the matters subject to arbitration under this Arbitration Provision, and any
claim or attempt to set aside or invalidate this Arbitration Provision or any term contained within it, including but not limited to the “Class
Action Waiver” (as set forth below in Paragraph E), on the basis of any law, contract defense, or legal theory; (2) all other mattersof
arbitrability; (3) all federalor state law claims disputes, or controversies, arising from or relating directly or indirectly to your “Loan
Agreement and Documents”, which include (a) your loan application, (b) your Loan Agreement, (c) any related agreements or
authorizations including but not fimited to any ACH authorization or consent to electronic delivery of disclosures, (d) any related
documents or disclosures including but not limited to our privacy policies and the Federal Truth in Lending Act Disclosure Statement, or
(e) the information you gave us before, during, or after applying for a loan or entering into your Loan Agreement; (4) any past
agreement(s) between you and us and any past loan(s) made by us to you; (5) all counterclaims, crossclaims, and thirdparty claims; (6)
all common law claims, whether they be based on contract, tort, fraud,or other common
law theories; (7) all claims based
upon a violation
of any state or federal constitution, statute, or regulation; (8) all claims asserted by us or “Related Third Parties” (defined below) against
yOu, including claims for money damages or to collect any sum claimed to be owed by you; (9) all claims, includingfor money damages
and/or equitable relief, assertedby you against us and/or any Related Third Parties, which include any of our former, current, or future
employees, agents, directors, officers, sharehoklers, governors, managers, members, parent companies, subsidiaries, affiliated entities,
licensees, attorneys, predecessors, successors, assigns, designees, and “Service Providers” (defined as any third party providing any
goods or services in connection with the origination, servicing, or collection of your loan or any prior loan made by us to you) as wellas
any subsequent holders of all or part of your Loan Agreement and Documents; (10) all claims asserted on your behalf by another person
or entity; (11) all claims assertedby you (a) as a private attorney general, (b) as a class representative, (c) in any other representative
capacity,
or (d) as member of any class or putative class asserting claims against us or a Related Third Party (referred to as
“Representative
Claims”); and (12) all claims arising from or relating directly or indirectly to the disclosure by us or a Related Third Party
of any nonpublic personal information about you.
E. Class Action Waiver
By agreeing to this Arbitration Provisi you are waiving your ability to participate in class acton litigation or classwide arbitration as a
class representative, a class member, or in any other capacity.
F. Individual Arbitration
Unless you opt out of arbitration in the manner described below in Paragraph S, all Disputes including any Representative Claims by or
against us or Related Third Parties shall be resolvedby binding arbitration on an individual
basis with you only. THEREFORE:
1. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION;
2. THE ARBITRATOR SHALL NOT ALLOW YOU OR US OR RELATED THIRD PARTIES TO SERVE (a) ASA
REPRESENTATIVE, (b) AS A PRIVATE ATTORNEY GENERAL, OR (c) IN ANY OTHER REPRESENTATIVE CAPACITY
FOR OTHERS IN ANY ARBITRATION; and
3. THE ARBITRATOR HAS NO AUTHORITY TO ORDER OR CONDUCT CLASS ARBITRATION.
G. No Joinder or Consolidation of Claims
Neither you nor us nor Related Third Parties may join or consolidate claims or Disputes with the claims or disputes of other persons or
entities. The arbitrator has no authority or power to order or conduct consolidated or joined proceedings. By entering into this Arbitration
Provision, the Parties are agreeing to resolve all claims and Disputes on a bilateral basis.
H. Small Claims Court
The Parties, including Related Third Parties, shall retain the rightto seek resolution of Disputes in the small claims court for the county of
your residence (provided such a smal claims court exists) for claims and Disputes within the scopeof the smaill claims court's
jurisdiction. Any claims and Disputes that cannot be resolved in small claims court or over which the small claims court lacks jurisdiction
shall be resolved by binding arbitration as provided by this Arbitration Provision. Any appeal o! a judgment from a small claims court shall
be resolved by binding arbitration as provided by this Arbitration Provision,
|. Your Covenants and Promises
YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
YOU ARE GIVING UP YOUR ABILITY TO HAVE A TRIAL BY JUDGE OR JURY TO RESOLVE ANY CLAIM OR DISPUTE
ALLEGED AGAINST US OR RELATED THIRD PARTIES;
YOU ARE GIVING UP YOUR ABILITY TO HAVE A COURT EXCEPT A SMALL CLAIMS COURT RESOLVE ANY CLAIM OR
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
YOU ARE GIVING UP YOUR ABILITY TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN
ANY OTHER REPRESENTATIVE CAPACITY IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED
THIRD PARTIES;
YOU ARE GIVING UP YOUR ABILITY TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT
OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES;
YOU ARE GIVING UP YOUR ABILITY TO JOIN OR CONSOLIDATE ANY CLAIMOR DISPUTE AGAINST US OR RELATED
THIRD PARTIES
WITH THE CLAIMS OR DISPUTES
OF OTHER PERSONS
OR ENTITIES.
J. Initiating Arbitration and Selection of Arbitrator Any Party to a Dispute, including Related Third Parties, shall send the opposite
Party written notice by certified mail return receipt requested of the Party's intent to arbitrate, even if a lawsuit has been filed. This notice
must set forth the subject matter of the Dispute along with the relief requested. Regardless of who demands arbitration, you shall have the
right to select either of the following arbitration organizations to administer the arbitration:
American Arbitration JAMS, The Resolution Experts
Association 335 Madison 1920 Main Street, Suite 300
Avenue, Floor 10 New York, Irvine, CA 92614
NY 100174605, Website:
Website: htipy/www jamsadr.com/
http2/www.adr.org! Telephone: (800) 352-5267
Telephone: (800) 778-7879
The Party receiving notice of arbitration shall respond in writing by certified mail return receipt requested
within twenty (20) days. If you
demand arbitration, you must inform us or the appropriate Related Third Party in your demand of the arbitration organization you have
selected. If we or a Related Third Party demands arbitration, you must notify us or the Related Third Party within twenty (20) days in
writing by certified mail return receipt requested of the arbitration organization, the AAA or JAMS, that you wish to select. If you fail to notify
us, then we or the appropriate Related Third Party shail have the right to select the arbitration organization. You may obtain a copy of the
tules and procedures of the AAA and JAMS by contacting them or visiting their websites at the contact information listed above. You must
send your written arbitration demand and notice of intent to arbitrate to us at the following address:
Opportunity Financial, LLG
130 E Randolph
St, Suite 3400
Chicago, IL. 60601
Regardiess of who demands arbitration, it shall be the responsibility of the Party asserting a claims to file and initiate an arbitration
proceeding.
K. Arbitration Rules
Arbitration proceedings will be governed by the rules and procedures of the selected arbitration organization or arbitrator to the extent
such rules and procedures do not contradict the terms of this Arbitration Provision, including
the limitations on the arbitrator above and
below. If the selected arbitration organization or arbitrator has available expedited or limited discovery rules and procedures, such rules
and procedures shall be used to the extent they do not contradict the terms of this Arbitration Provision. In the event of a conflict between
the Arbitration Provision and the rules and procedures of the selected arbitration organization or arbitrator, the terms of this Arbitration
Provision
shall control. You may obtain a copy of the rules and procedures of the AAA or JANS by contracting them or by visiting their
websites at the contact information listed above.
L. An Alternative Arbitrator
As an alternative to the AAA and JAMS, the parties to an arbitration (e., you and either us or a Related Third Party) may agree in writing
to select a mutuallyagreeable arbitrator who is not affiliated with those organizations. In addition to being mutuallyagreed
upon, any
nonattiliated arbitrator must be an attorney in good standing with the applicable attorney bar or bars and must have at least ten years of
relevant experience.
If (1) the AAA and JAMS are unavailable or unwilling to arbitrate a dispute covered by this Arbitration Provision, and (2) the parties to the
Dispute are unable to reach an agreement as to an alternative arbitrator, then (3) any party to the Dispute may file a request with a court
having jurisdiction for the appointment or designation of an arbitrator. The court to whom the request is made shall designate an arbitrator
and dismiss any court proceedings in accord with the court's authority under Sections 2 through 5 of the Federal Arbitration Act.
The unavailability of the AAA or JAMS andi/or the inability of the parties to a Dispute to agree on an alternative arbitrator shall
not void this
Arbitration Provision nor relieve the Parties and Related Third Parties of their arbitration obligations.
M. Arbitration Fees and Location
Regardless of who demands arbitration, upon your written request we or the appropriate Related Third Party will advance your portion of
the arbitration expenses, including the filing, administrative, hearing, and arbitrator's fees (“Arbitration Fees"). Throughout the
arbitration, each party to the arbitration shall bear his or her own attorney's fees and expenses, including witness and expert witness fees.
Any arbitrationunder this Arbitration Provision shail be conducted within thirty (30) miles of your residence or at any other location
mutually agreed upon in writing by the parties to the arbitration.
N. Available Relief; Recovery of Arbitration Fees and Attorney's Fees
The arbitrator shall apply applicable substantive law and statutes of limitation and shall honor applicable claims of privilege in a manner that
is consistent with this Arbitration Provision. The arbitrator may award any relief available under applicable law, subject to the limitations set
forth in this Arbitration Provision. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to
dismiss for failure to state a claim or a motion for summary judgment. An arbitration award must include written findings and must be
‘supported by substantial evidence or by the failure of the party with the burden of proof to put forth substantial evidence. An award may
be filed with any court having jurisdiction.
If the arbitrator renders a decision or an award in your favor resolving the Dispute, then you will not be responsible for reimbursing us or
the appropriate Related Third Party for any arbitration fees that were advanced on your behaf, and we or the appropriate Related Third
Party will reimburse you for any Arbitration Fees you have previously paid, If the arbitrator renders a decision or an award in favor of us
or a Related Third Party, then the arbitrator may require you to reimburse us or the Related Third Party for the Arbitration Fees that were
advanced on your behalf, not to exceed the amount which would have been assessed as court costs if the Dispute had been resolved by
a state court with jurisdiction, less any Arbitration Fees you have previously paid.
The arbitrator may award reasonable attorney's fees and expenses to the substantially prevailing Party to the extent permitted by
applicable law.
O. PreArbitration Settlement Offer and Minimum Recovery Provision
It you make a written request for a prearbitration settlement offer from us or the appropriate Related Third Party in the manner described
below and the arbarator awards you damages in an amount greater than our or the Related Third Party's last prearbitration settiement
offer, we or the Related Third Party will be fable to you for the greater of $5,000 or the arbitrator's damages award, exclusive of any other
relief the arbitrator may award you, including reasonable attorney's fees and expenses. For purposes of this Paragraph O only, if you
properly request a prearbitration settlement offer and we or the Related Third Party do not make one, the Parties shail treat the last
Prearbitration settlement offer as being for zero dollars. Any request for a prearbitration settlement offer must be made in writing and
submitted to the below listed address:
Opportunity Financial, LLC
130 E Randolph St, Suite 3400
Chicago, IL 60601
To be valid, a request must include your name, address, account number or social security number, the date of your Loan Agreement,
and a clear and accurate description of your claims and any supporting facts. We or the Relaied Third Party shall have fourteen (14) days
to respond
to your request. I you file arbitration or court proceedings before the fourteen (14) day period runs, you will forfeit any rights
and benefits provided by this Paragraph O (the remainder of the Arbitration Provision will remain in full force and effect). Although we and
Related Third Parties are entitled to make more than one prearbitration settlement of fer, if only one offer is made that offer shail be
considered the last offer for purposes of this Paragraph O regardlessof whether you make additional requests for prearbitration
settlement offers. This Paragraph O shall only apply to a damages award you obtain based on the same or materially similar claims and
Supporting facts as those set forth in your request for a prearbitration settlement offer.
P. Beneficiaries, Obligors, and Survival of the Arbitration Provision
This Arbitration Provision will survive: (1) termination or changes in your Loan Agreement and Documents or the relationship between you
us concerning, related to, or arising out of your Loan Agreement and Documents; (2) the bankruptcy of any Party or Related Third Party;
and (3) any transter, sale, assignment of your Loan Agreement and Documents, or any amounts owed to any other person or entity,
This Arbitration Provision benefits andis binding upon you, your respective heirs, successors, assigns, and designees and any cosigner,
coobligor, guarantor, guardian, personal representative, or bankruptcy trustee, and their heirs, successors, assigns, and designees. It
also benefits and is binding upon us, our successors, assigns, designees, and all other Related Third Parties and their successors,
assigns, and designees. The Arbitration Provision continues in full force and effect even if your obligations have been paid or discharged
through bankruptcy, The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction
between you and us or you and a Related Third Party and continues in full force and effect unless you and we otherwise agree in writing.
If any of this Arbitration Provision is held invalid, the remainder shail remain in full force and efiect. That notwithstanding, if any final,
binding, and nonappealable judgment finds that this Arbitration Provision cannot be enforced without permitting class arbitrationor
consolidated proceedings, the entirety of the Arbitration Provision shall be null and void and neither you nor us or Related Third Parties
shall be entitled to arbitrate claims or Disputes. Any judgment finding that this Arbitration Provision cannot be enforced without permitting
class arbitration
or consolidated proceedings shall not be binding in any p
Preview
System Generated Hearing Date: 1/8/2025 9:00 AM Location: 1A ction Cover Sheet Rev. 4/0! 1 CCM 0520 Judge: All CE aS a sss aan os IN THE CIR 'T COURT OF COOK COUNTY, ILLINOIS ¢y.¢5 MUNICIPAL DEPARTMENT, IST DISTRICT 3/27/2024 2:29 PM IRIS Y. MARTINEZ CIRCUIT CLERK OPPORTUNITY FINANCIAL, LLC ~ 120241108067 COOK COUNTY, IL Plaintiff, 20241108067 Courtroom, 1101 vs. No. 700955t LUIS FONSECA Defendant(s). Jury Demand OYes No Ho CIVIL. ACTION COVER SHEET A Civil Action Cover Sheet shall be filed with the complaint in all civil actions, The information contained herein is for administrative purposes only and cannot be introduced into evidence. Please check the box of the appropriate general category which best characterizes your action Civi Cc A “ivil Case (B) © 0007 Confession of Judgment O 0031 Filing an Illinois Court Judgment 1 0008 Replevin O 0100 Petition for Discovery O 0017 Detinue A Petition to take depositions or subpoena records O 0031 Foreign Judgment before a case is filed. Filing Out of State/Out of Country 0054 Registration of Administrative Judgment Jousi Case -ondor jum conversion, conservation, Tort/Personal Injury demolition/objection to fast track, exterior walls/facades, fire Any wrong or damage done to another person, such as, physical protection, heat call (including Unincorporated Cook County), pain, illness, or any impairment of physical condition resulting from lead paint new developments, public places of amusement, the careless or negligent actions of others. The most common cases strategic task force inspections, public nuisance) involve auto accident injuries. 0 0038 Housing 0027 Personal Injury Motor Vehicle O 0088 Ordinance Violation 0048 Dram Shop O 0086 Object to Fast Track 0049 Product Liability O 0044 Criminal Ordinance Violation 0057 Personal Injury Motor Vehicle Subrogation O 0037 Heat Case 0001 Personal Injury Other 0004 Tort-Intentional 0062 Property Damage The Pro Se Cou section of the Civil Division resolves disputes between parties where the amount at issue does not exceed Commercial Lit tion Cas $3,000. The party may act as their own attorney. Forms can be it card agreements, any contract between two or more completed at the Pro Se desk in Room 602) individuals) O 0050 Pro Se ($3000.00or less) 0002 Breach of Contract O 0071 Fraud “HA Fi O 0074 Statutory Fraud A summary proceeding in wi ich the landlord seeks to restore possession of the premises or payment of rent when the tenant has wrongfully withheld rent or possession of the premises. O 0005 Forcible (possession only) O 0006 Joint Action (possession and rent) O 0018 Distress for Rent MARKOFF LAW LLC Michael J. Belica Attorneys for Plaintiff — 55932 29 N. Wacker Drive # 1010 By:_ Michael J. Belica Chicago, IL 60606 Attomey Tel. (312) 698-7300 / Fax. (312) 698-7399 service@markofflaw.com IRIS MARTINEZ, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 519338 S30SC /NCG DocuSign Envelope ID: 447A3E65-238C-4388-8ED3-FA89BAD41939 FILED 3/27/2024 2:29 PM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ MUNICIPAL DEPARTMENT, IST DISTRICT CIRCUIT CLERK COOK COUNTY, IL 20241108067 OPPORTUNITY FINANCIAL, LLC 20241108067 Courtroom, 1101 Plaintiff, No. Vv. Amount Claimed: $4,172.43 LUIS FONSECA plus costs Defendant(s) Return Date: COMPLAINT — VERIFIED THIS COMMUNICATION IS FROM A DEBT COLLECTOR The Plaintiff claims as follows: The Plaintiffis OPPORTUNITY FINANCIAL, LLC. Upon information and belief, Defendant, LUIS FONSECA, resides in the County of Cook, State of Illinois. Upon information and belief, on or about 01/27/2018, Defendant(s) entered into a Loan Agreement with Plaintiff. Said Agreement is attached hereto as Exhibit “A”. Upon and information and belief, Plaintiff performed all the conditions and duties on their part. The Defendant(s) is/are in default and there is due and owing to Plaintiff the sum of $3,822.43, including interest and other charges. Plaintiff further seeks reasonable attorney's fees as provided in Plaintiff's Exhibit A. and accordingly requests the amount of $350.00. 7 Due demand has been made on Defendant(s) to pay this amount, and Defendant(s) has failed to do so. WHEREFORE, Plaintiff prays that judgment in the amount of $4,172.43 plus costs be entered against Defendant(s) LUIS FONSECA. MARKOFF LAW LLC Respectfully submitted, Michael J. Belica Attorneys for Plaintiff — 55932 MARKOFF LAW LLC 29 .N. Wacker Drive # 1010 Chicago, IL 60606 By: Michael J. Belica Tel. (312) 698-7300 - Fax. (312) 698-7399 One of Plaintiff's Attorneys service@markofflaw.com Nerification by Certification 735 ILCS 5/1-109 Under penalties as provided by law pursuant to Section 1-109 of the Cade of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/ she verily believes the same to be true. Pursuant to Supreme Court Rule 222 this claim does not execed $50,000.00. OPPORTUNITY FINANCIAL, LLC By: Name: re Pay Vén Beas ley-Jefiiges Legal Operations Analyst 519338 COOF \ NCG INTO INSTALLMENT LOAN AGREEMENT AND DISCLOSURE STATEMENT Lender: | Opportunity Financial, LLC Borrower's Name: | LUIS FONSECA 130 E Randolph St, Suite 3400 Address: 1116 n christiana Chicago, IL 60601 chicago, IL 60651 Customer #: | BORROWER'S SOCIAL SECURITY NUMBER: XXX-XX-a LOAN AMOUNT: $3,200.00 MATURITY DATE: 02/01/2019 LOAN NUMBER: a ORIGINAL PRINCIPAL AMOUNT: $3,200.00 DATE OF LOAN: 01/30/2018 PREPAID FEES: $0.00 PAYMENT AMOUNT DUE: $97.73 PAYMENT DUE DATE: 02/00/2018 FEDERAL TRUTH-IN LENDING DISCLOSURE STATEMENT AMOUNT TOTAL OF FINANCED PAYMENTS The amount of credit provided | The amount you will have paid to you or on your behalf. after you have made all payments as scheduled. $3,200.00 $5,082.07 Your payment schedule will be: No. of Payments Amount of Payments: Payments Due: 1 $97.73 02/09/2018 1 $97.73 02/16/2018 1 $97.73 02/23/2018 $97.73 03/02/2018 $97.73 03/09/2018 $97.73 03/16/2018 $97.73 03/23/2018 $97.73 03/30/2018 $97.73 04/06/2018 $97.73 04/13/2018 $97.73 04/20/2018 $97.73 04/27/2018 $97.73 05/04/2018 $97.73 05/11/2018 $97.73 05/18/2018 $97.73 05/25/2018 $97.73 06/01/2018 $97.73 06/08/2018 $97.73 06/15/2018 =“ IT $97.73 06/22/2018 $97.73 06/29/2018 $97.73 07/06/2018 $97.73 07/13/2018 $97.73 07/20/2018 $97.73 07/27/2018 $97.73 08/03/2018 $97.73 08/10/2018 $97.73 08/17/2018 $97.73 os24/2018 $97.73 08/31/2018 $97.73 09/07/2018 $97.73 09/14/2018 $97.73 09/21/2018 $97.73 18/2018 $97.73 10/05/2018 $97.73 10/12/2018 $97.73 10/19/2018 $97.73 10/26/2018 $97.73 11/02/2018 $97.73 11/09/2018 $97.73 11/16/2018 $97.73 11/23/2018 $97.73 11/30/2018 $97.73 12/07/2018 $97.73 12/14/2018 $97.73 12/21/2018 $97.73 12/28/2018 $97.73 01/04/2019 $97.73 01/11/2019 $97.73 01/18/2019 $97.73 01/25/2019 $97.73 02/01/2019 PREPAYMENT: You may pay your loan early without any prepayment penallty- and you may be entitled to a refund of part of the finance charge. SECURITY: This loan is secured by a security interest in: Your Wage Assignment, Your ACH and debit/credit card Authorization, if given. LATE PAYMENT FEE: You agreeto pay Lender a fee of Ten Dollars ($10.00) for each installment payment received ten (10) or more days after the contractual due date of the payment. See your contract terms below for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refund and penalties. Itemization of Amount Financed: 1. Amount provided directly to you: $416.09 2. Amount that went towards paying off previous loan : # NNN: $2783.91 In the Loan Agreement and Disclosure Statement ("Loan Agreement’), the words “Borrower,” "you," and "your" mean each person signing as borrower, The Federal Truth In Lending Disclosure Statement (“Disclosure Statement”) above is part of the terms and conditions of this Loan Agreement. FOR VALUE RECEIVED, you promise to pay to the order of Opportunity Financial, LLC Opportunity Financial, LLC ("Lender* or “we” or “us” or, as applicable, any assignee or designee), at the Lender's address shown above, or such other place as Lender may designate, the principal sum of $ 3,200.00 _ (the Amount Financed in the Disclosure Statement) plus interest, from time to time outstanding, for the time outstanding, until fully paid. Interest will be computed as simple interest, and accrue on adaily basis by multiplying the daily rate {__0.27 _%) times the outstanding unpaid principle balance (the Amount Financed less the amount it has been reduced by payments) for each day actually elapsed. The daily rate is 1/365 of the agreed annual rate of (_ 99.00 _%). The agreed annual rate may be different than the disclosed Annual Percentage Rate in the Disclosure Statement. The Annual Percentage Rate in the Disclosure Statement shown above is calculated in accordance with equations set forth in Appendix J to Part 1026 of Regulation Z, which implements the Federal Truth in Lending Act. We will begin charging interest on the date of the loan referenced above, Interest will be computed based upon a 365 day year for the actual number of days elapsed. All payments received shall be applied first to the accrued interest, then to any outstanding charges or late fees, and then to the reduction of the unpaid principal, SCHEDULED PAYMENTS. You promise to make payments in accordance with the payment schedule shown above. You understand and agree that if you pay more than the required scheduled payment you will still be required to make the next scheduled payment when due (see "Prepayment" below for additional information). If authorizedby you, payments may be made by Automated Clearing House ("ACH") debits trom your checking account, Payments may also be made by certified check, money order, or as otherwise agreed by Lender. You understand that if you have authorized Lender to make scheduled ACH debits from your checking account, any additional payments you may make by other payment methods will not affect the amount or timing of the scheduled ACH debits unless such authorization is properly withdrawn. If any payments due pursuant to this Agreement are due on a day other than a business day, such payments will be processed on the next business day. DEFAULT AND ACCELERATION: In case of default in the payment of any installment hereof when due, or institution of any proceeding by or against Borrower under any bankruptcy or insolvency law, or assignment by Borrower ‘or the benefit of creditors, or any execution, attachment, warrant or other process being served on Borrower, or admission by Borrower of Borrower's inability to pay Borrower's debts as they mature, or in case any information provided by Borrower to Lender shail be false or misleading at the time made, all obligations of Borrower under this Agreement shall, at the option of Lender and in accordance with applicable law, be immediately due and payable. PREPAYMENT: You may prepay this loan in full or in part at any time without premium or penalty. Such prepayment will reduce the charge for the loan. If you do prepay in full, the amount due on prepayment will vary depending upon the unpaid principal balance at the time of prepayment and any other fees or charges due. The amount due on prepayment shail be determined by first applying payments received to interest accrued to the date of the prepayment, then to any charges or late payment fees, and then any remaining sums received shall be applied to the unpaid principal, LATE PAYMENT: You agree to pay Lender a fee of Ten Dollars ($10.00) for each installment payment received ten (10) or more days after the contractual due date of the payment. SECURITY: To the extent permitted under applicable federal and Illinois law, this loan is secured by a security interest in your Wage Assignment and ACH Authorization and Debit Card Authorization, if given. RETURNED PAYMENT FEE: If your check or draft or authorized ACH debit is not honored by your financial institution because of insufficient or uncollected funds or because account closure or no such account exists, you agree to pay Lender a fee of Twenty-Five Dollars ($25.00) plus any actual expenses incurred in connection with each such check or draft. COLLECTION COSTS: To the extent not prohibited by law, you agree to pay all costs of collection (including court or arbitration costs, if applicable), legal expenses, and reasonable attorneys’ fees (if such attorney is not a salaried employee of Lender or its assignee) turred or paid by Lender or its assignee in collecting this Loan. CREDIT REPORTS: You understand and agree that Lender may obtain credit reports on you on an ongoing basis until this Loan Agreement is paid in full. You also understand that Lender may report your performance under this Loan Agreement to credit reporting agencies. GOVERNING LAW: The construction, validity and enforcement of this Loan Agreement shall be governed by the laws of the State of Illinois, without regard to the principles of conflicts of laws. BORROWER REPRESENTATIONS: Borrower ("I") represents and affirms the following: | AFFIRM THAT MY RESIDENCE IS IN THE STATE OF ILLINOIS AND THAT MY BANK ACCOUNT IS WITH A BANK THAT IS ALSO IN SUCH STATE. 1 REPRESENT THAT IF | SUBMITTED A (VOIDED) CHECK AS PART OF MY APPLICATION THAT SUCH CHECK IS FROM A LEGAL, OPEN AND ACTIVE ACCOUNT OF WHICH | AM AN OWNER AND THAT THE CHECK IS NOT ALTERED FORGED, STOLEN, OR OBTAINED THROUGH FRAUDULENT OR ILLEGAL MEANS. | REPRESENT THAT IF | SUBMITTED A PAY STUB WITH MY APPLICATION THAT SUCH PAY STUB IS FROM AJOB THAT I CURRENTLY HOLD AND IT HAS NOT BEEN ALTERED OR FORGED IN ANY WAY, | UNDERSTAND THAT THIS LOAN CARRIES A HIGHER RATE THAN OTHER CREDIT SOURCES BUT THAT | HAVE CHOSEN THIS LOAN BECAUSE OF CONVENIENCE AND FOR OTHER REASONS. | UNDERSTAND THAT WHILE THE LOAN HAS A TERM OF SEVERAL MONTHS, ISHOULD ATTEMPT TO REPAY IT AS QUICKLY AS POSSIBLE TO REDUCE THE AMOUNT OF INTEREST THAT | PAY. | UNDERSTAND THAT | HAVE THE RIGHT TO REPAY ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY. CHANGES, DELAY IN ENFORCEMENT, AND WAIVER: This Loan Agreement is the final expression and complete expression of the agreement between you and us. This Loan Agreement cannot be changed unless both you and we agree to the changes in writing. You acknowledge and agree that no failure or delay on our part in exercising any right, power, or remedy under this Loan Agreement shall affector operate as a waiver of such right, power, or remedy. No single or partial exercise of any such right, power, or remedy preclude, waive, or otherwise affect any other or further exercise of that right, power, or remedy under this Loan Agreement. You agree that we may waive or delay our rights under this Loan Agreement without losing them. Borrower waives notice of acceptance, presentment, demandfor payment, protest, notice of dishonor, and any other notices, except as required by this Loan Agreement or other law. SEVERABILITY: If any provision of this contract is held to be invalid or unenforceable, all other provision shall remain in full force and effect. ARBITRATION PROVISION PLEASE READ CAREFULLY THIS ARBITRATION PROVISION PROVIDES FOR RESOLUTION OF ALL DISPUTES THROUGH FINAL AND BINDING ARBITRATION AND REPLACES THE RIGHT TO GO TO COURT AND HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY. THIS ARBITRATION PROVISION ALSO WAIVES, WITH REGARD TO ANY DISPUTE, YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT, IN CLASSWIDE ARBITRATION, OR IN ANY PROCEEDING CONSOLIDATED OR JOINED WITH ‘SIMILARLYSITUATED PERSONS OR ENTITIES, A. Governing Law This Arbitration Provision ("Arbitration Provision”) is contained in a contract evidencing interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. Sections 116 (°FAA‘). In the event a final, binding, and nonappealable judgment finds that the FAA does not apply, this Arbitration Provision shall be governed by the arbitration law of the State set forth in the GOVERNING LAW PROVISION of this LOAN AGREEMENT without regardto that state's choiceof law rules. Claims subjectto this Arbitration Provision shall be resolved under the substantive law of the State set forth in the GOVERNING LAW PROVISION of this LOAN AGREEMENT without regardto that State's choice of law rules. B. Waiver of Jury Trial and Agreement to Arbitrate Unless you promptly opt out of arbitration in the manner described below in Paragraph S, by entering into this Arbitration Provision you are waiving your right to resolve any “Dispute” (defined below) in any court except a smaill claims court. Instead, you are agreeing to resolve all Disputes between you and us (together, the “Parties”; each individually, a “Party”) and “Related Third Parties” (defined in Paragraph D below) in binding and mandatory bilateral (i., individual) arbitration. C. Arbitration Defined Arbitration is a process in which persons with a dispute (1) waive their rights to file a lawsuit and proceed in court before a judge or jury; and (2) agree, instead, to submit their dispute to a neutral third person knownas an “arbitrato’” for a decision resolvingthe dispute. Each party to an arbitration has an opportunity to present evidence to the arbitrator although the ability to engage in discovery is limited. Other rights available in court proceedings may also be imited, Arbitration proceedings are private and less formal than court proceedings. The arbitrator will issue a final and binding decision resolving the dispute. That decision may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. D. Scope of this Arbitration Provision For purposes of this Arbitration Provision, the words “Dispute” and “Disputes” are given the broadest possible meaning and include, without limitation (1) all claims, disputes, or controversies arising fromor relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision, the matters subject to arbitration under this Arbitration Provision, and any claim or attempt to set aside or invalidate this Arbitration Provision or any term contained within it, including but not limited to the “Class Action Waiver” (as set forth below in Paragraph E), on the basis of any law, contract defense, or legal theory; (2) all other mattersof arbitrability; (3) all federalor state law claims disputes, or controversies, arising from or relating directly or indirectly to your “Loan Agreement and Documents”, which include (a) your loan application, (b) your Loan Agreement, (c) any related agreements or authorizations including but not fimited to any ACH authorization or consent to electronic delivery of disclosures, (d) any related documents or disclosures including but not limited to our privacy policies and the Federal Truth in Lending Act Disclosure Statement, or (e) the information you gave us before, during, or after applying for a loan or entering into your Loan Agreement; (4) any past agreement(s) between you and us and any past loan(s) made by us to you; (5) all counterclaims, crossclaims, and thirdparty claims; (6) all common law claims, whether they be based on contract, tort, fraud,or other common law theories; (7) all claims based upon a violation of any state or federal constitution, statute, or regulation; (8) all claims asserted by us or “Related Third Parties” (defined below) against yOu, including claims for money damages or to collect any sum claimed to be owed by you; (9) all claims, includingfor money damages and/or equitable relief, assertedby you against us and/or any Related Third Parties, which include any of our former, current, or future employees, agents, directors, officers, sharehoklers, governors, managers, members, parent companies, subsidiaries, affiliated entities, licensees, attorneys, predecessors, successors, assigns, designees, and “Service Providers” (defined as any third party providing any goods or services in connection with the origination, servicing, or collection of your loan or any prior loan made by us to you) as wellas any subsequent holders of all or part of your Loan Agreement and Documents; (10) all claims asserted on your behalf by another person or entity; (11) all claims assertedby you (a) as a private attorney general, (b) as a class representative, (c) in any other representative capacity, or (d) as member of any class or putative class asserting claims against us or a Related Third Party (referred to as “Representative Claims”); and (12) all claims arising from or relating directly or indirectly to the disclosure by us or a Related Third Party of any nonpublic personal information about you. E. Class Action Waiver By agreeing to this Arbitration Provisi you are waiving your ability to participate in class acton litigation or classwide arbitration as a class representative, a class member, or in any other capacity. F. Individual Arbitration Unless you opt out of arbitration in the manner described below in Paragraph S, all Disputes including any Representative Claims by or against us or Related Third Parties shall be resolvedby binding arbitration on an individual basis with you only. THEREFORE: 1. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; 2. THE ARBITRATOR SHALL NOT ALLOW YOU OR US OR RELATED THIRD PARTIES TO SERVE (a) ASA REPRESENTATIVE, (b) AS A PRIVATE ATTORNEY GENERAL, OR (c) IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN ANY ARBITRATION; and 3. THE ARBITRATOR HAS NO AUTHORITY TO ORDER OR CONDUCT CLASS ARBITRATION. G. No Joinder or Consolidation of Claims Neither you nor us nor Related Third Parties may join or consolidate claims or Disputes with the claims or disputes of other persons or entities. The arbitrator has no authority or power to order or conduct consolidated or joined proceedings. By entering into this Arbitration Provision, the Parties are agreeing to resolve all claims and Disputes on a bilateral basis. H. Small Claims Court The Parties, including Related Third Parties, shall retain the rightto seek resolution of Disputes in the small claims court for the county of your residence (provided such a smal claims court exists) for claims and Disputes within the scopeof the smaill claims court's jurisdiction. Any claims and Disputes that cannot be resolved in small claims court or over which the small claims court lacks jurisdiction shall be resolved by binding arbitration as provided by this Arbitration Provision. Any appeal o! a judgment from a small claims court shall be resolved by binding arbitration as provided by this Arbitration Provision, |. Your Covenants and Promises YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: YOU ARE GIVING UP YOUR ABILITY TO HAVE A TRIAL BY JUDGE OR JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; YOU ARE GIVING UP YOUR ABILITY TO HAVE A COURT EXCEPT A SMALL CLAIMS COURT RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; YOU ARE GIVING UP YOUR ABILITY TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES; YOU ARE GIVING UP YOUR ABILITY TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES; YOU ARE GIVING UP YOUR ABILITY TO JOIN OR CONSOLIDATE ANY CLAIMOR DISPUTE AGAINST US OR RELATED THIRD PARTIES WITH THE CLAIMS OR DISPUTES OF OTHER PERSONS OR ENTITIES. J. Initiating Arbitration and Selection of Arbitrator Any Party to a Dispute, including Related Third Parties, shall send the opposite Party written notice by certified mail return receipt requested of the Party's intent to arbitrate, even if a lawsuit has been filed. This notice must set forth the subject matter of the Dispute along with the relief requested. Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: American Arbitration JAMS, The Resolution Experts Association 335 Madison 1920 Main Street, Suite 300 Avenue, Floor 10 New York, Irvine, CA 92614 NY 100174605, Website: Website: htipy/www jamsadr.com/ http2/www.adr.org! Telephone: (800) 352-5267 Telephone: (800) 778-7879 The Party receiving notice of arbitration shall respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us or the appropriate Related Third Party in your demand of the arbitration organization you have selected. If we or a Related Third Party demands arbitration, you must notify us or the Related Third Party within twenty (20) days in writing by certified mail return receipt requested of the arbitration organization, the AAA or JAMS, that you wish to select. If you fail to notify us, then we or the appropriate Related Third Party shail have the right to select the arbitration organization. You may obtain a copy of the tules and procedures of the AAA and JAMS by contacting them or visiting their websites at the contact information listed above. You must send your written arbitration demand and notice of intent to arbitrate to us at the following address: Opportunity Financial, LLG 130 E Randolph St, Suite 3400 Chicago, IL. 60601 Regardiess of who demands arbitration, it shall be the responsibility of the Party asserting a claims to file and initiate an arbitration proceeding. K. Arbitration Rules Arbitration proceedings will be governed by the rules and procedures of the selected arbitration organization or arbitrator to the extent such rules and procedures do not contradict the terms of this Arbitration Provision, including the limitations on the arbitrator above and below. If the selected arbitration organization or arbitrator has available expedited or limited discovery rules and procedures, such rules and procedures shall be used to the extent they do not contradict the terms of this Arbitration Provision. In the event of a conflict between the Arbitration Provision and the rules and procedures of the selected arbitration organization or arbitrator, the terms of this Arbitration Provision shall control. You may obtain a copy of the rules and procedures of the AAA or JANS by contracting them or by visiting their websites at the contact information listed above. L. An Alternative Arbitrator As an alternative to the AAA and JAMS, the parties to an arbitration (e., you and either us or a Related Third Party) may agree in writing to select a mutuallyagreeable arbitrator who is not affiliated with those organizations. In addition to being mutuallyagreed upon, any nonattiliated arbitrator must be an attorney in good standing with the applicable attorney bar or bars and must have at least ten years of relevant experience. If (1) the AAA and JAMS are unavailable or unwilling to arbitrate a dispute covered by this Arbitration Provision, and (2) the parties to the Dispute are unable to reach an agreement as to an alternative arbitrator, then (3) any party to the Dispute may file a request with a court having jurisdiction for the appointment or designation of an arbitrator. The court to whom the request is made shall designate an arbitrator and dismiss any court proceedings in accord with the court's authority under Sections 2 through 5 of the Federal Arbitration Act. The unavailability of the AAA or JAMS andi/or the inability of the parties to a Dispute to agree on an alternative arbitrator shall not void this Arbitration Provision nor relieve the Parties and Related Third Parties of their arbitration obligations. M. Arbitration Fees and Location Regardless of who demands arbitration, upon your written request we or the appropriate Related Third Party will advance your portion of the arbitration expenses, including the filing, administrative, hearing, and arbitrator's fees (“Arbitration Fees"). Throughout the arbitration, each party to the arbitration shall bear his or her own attorney's fees and expenses, including witness and expert witness fees. Any arbitrationunder this Arbitration Provision shail be conducted within thirty (30) miles of your residence or at any other location mutually agreed upon in writing by the parties to the arbitration. N. Available Relief; Recovery of Arbitration Fees and Attorney's Fees The arbitrator shall apply applicable substantive law and statutes of limitation and shall honor applicable claims of privilege in a manner that is consistent with this Arbitration Provision. The arbitrator may award any relief available under applicable law, subject to the limitations set forth in this Arbitration Provision. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. An arbitration award must include written findings and must be ‘supported by substantial evidence or by the failure of the party with the burden of proof to put forth substantial evidence. An award may be filed with any court having jurisdiction. If the arbitrator renders a decision or an award in your favor resolving the Dispute, then you will not be responsible for reimbursing us or the appropriate Related Third Party for any arbitration fees that were advanced on your behaf, and we or the appropriate Related Third Party will reimburse you for any Arbitration Fees you have previously paid, If the arbitrator renders a decision or an award in favor of us or a Related Third Party, then the arbitrator may require you to reimburse us or the Related Third Party for the Arbitration Fees that were advanced on your behalf, not to exceed the amount which would have been assessed as court costs if the Dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. The arbitrator may award reasonable attorney's fees and expenses to the substantially prevailing Party to the extent permitted by applicable law. O. PreArbitration Settlement Offer and Minimum Recovery Provision It you make a written request for a prearbitration settlement offer from us or the appropriate Related Third Party in the manner described below and the arbarator awards you damages in an amount greater than our or the Related Third Party's last prearbitration settiement offer, we or the Related Third Party will be fable to you for the greater of $5,000 or the arbitrator's damages award, exclusive of any other relief the arbitrator may award you, including reasonable attorney's fees and expenses. For purposes of this Paragraph O only, if you properly request a prearbitration settlement offer and we or the Related Third Party do not make one, the Parties shail treat the last Prearbitration settlement offer as being for zero dollars. Any request for a prearbitration settlement offer must be made in writing and submitted to the below listed address: Opportunity Financial, LLC 130 E Randolph St, Suite 3400 Chicago, IL 60601 To be valid, a request must include your name, address, account number or social security number, the date of your Loan Agreement, and a clear and accurate description of your claims and any supporting facts. We or the Relaied Third Party shall have fourteen (14) days to respond to your request. I you file arbitration or court proceedings before the fourteen (14) day period runs, you will forfeit any rights and benefits provided by this Paragraph O (the remainder of the Arbitration Provision will remain in full force and effect). Although we and Related Third Parties are entitled to make more than one prearbitration settlement of fer, if only one offer is made that offer shail be considered the last offer for purposes of this Paragraph O regardlessof whether you make additional requests for prearbitration settlement offers. This Paragraph O shall only apply to a damages award you obtain based on the same or materially similar claims and Supporting facts as those set forth in your request for a prearbitration settlement offer. P. Beneficiaries, Obligors, and Survival of the Arbitration Provision This Arbitration Provision will survive: (1) termination or changes in your Loan Agreement and Documents or the relationship between you us concerning, related to, or arising out of your Loan Agreement and Documents; (2) the bankruptcy of any Party or Related Third Party; and (3) any transter, sale, assignment of your Loan Agreement and Documents, or any amounts owed to any other person or entity, This Arbitration Provision benefits andis binding upon you, your respective heirs, successors, assigns, and designees and any cosigner, coobligor, guarantor, guardian, personal representative, or bankruptcy trustee, and their heirs, successors, assigns, and designees. It also benefits and is binding upon us, our successors, assigns, designees, and all other Related Third Parties and their successors, assigns, and designees. The Arbitration Provision continues in full force and effect even if your obligations have been paid or discharged through bankruptcy, The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us or you and a Related Third Party and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shail remain in full force and efiect. That notwithstanding, if any final, binding, and nonappealable judgment finds that this Arbitration Provision cannot be enforced without permitting class arbitrationor consolidated proceedings, the entirety of the Arbitration Provision shall be null and void and neither you nor us or Related Third Parties shall be entitled to arbitrate claims or Disputes. Any judgment finding that this Arbitration Provision cannot be enforced without permitting class arbitration or consolidated proceedings shall not be binding in any p