Legal Document: INVESTMENT RETRIEVERS, INC. vs. GABRIELA ESPINOZA, et al

On May 15, 2019 a ORIGINAL PETITION was filed involving a dispute between Investment Retrievers, Inc., and Espinoza, Gabriela, Espinoza Torres, Jorge L, for CNTR CNSMR COM DEBT in the District Court of Dallas County.

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FILED
DALLAS COUNTY
5/15/2019 11:24 AM
FELICIA PITRE
DC-19-06955 DISTRICT CLERK

CAUSE NO. ________________________ JAVIER HERNANDEZ

INVESTMENT RETRIEVERS, INC., § IN THE DISTRICT COURT OF
Plaintiff, §
§
vs. §
§ 298TH
GABRIELA ESPINOZA AKA GABRIELA § ___ JUDICIAL DISTRICT
MARTINEZ AND JORGE L ESPINOZA §
TORRES AKA JORGE ESPINOZA §
TORRES AKA JORGE E TORRES AKA §
JORGE ESPINOZA AKA JORGE §
TORRES, § DALLAS COUNTY, TEXAS
Defendant.

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE COURT:

COMES NOW, Investment Retrievers, Inc., Plaintiff, and files this, its Original Petition,
complaining of Gabriela Espinoza AKA Gabriela Martinez AND Jorge L Espinoza Torres AKA
Jorge Espinoza Torres AKA Jorge E Torres AKA Jorge Espinoza AKA Jorge Torres, hereinafter
“Defendant(s)”, and for cause of action would respectfully show the following:

1. Discovery Level. Discovery in this case is intended to be conducted under level 1
of rule 190 of the Texas Rules of Civil Procedure. Petitioner seeks only monetary relief aggregating
$50,000 or less, excluding costs, prejudgment interest, and attorney’s fees.

2. Parties. Plaintiff, Investment Retrievers, Inc., is a California corporation whose
address is P.O. Box 4733, El Dorado Hills, CA 95762. Defendant(s) is an individual resident of
Mesquite, Texas, and Gabriela Espinoza aka Gabriela Martinez can be served with citation at 1134
Via Del Rey, Mesquite, Texas 75150-2918and Jorge L Espinoza Torres aka Jorge Espinoza Torres
aka Jorge E Torres aka Jorge Espinoza aka Jorge Torres can be served with ctiation at 1134 Via
Del Rey, Mesquite, Texas 75150, or at another location where they may be served.

3. Jurisdiction. Jurisdiction is proper in this court because the subject matter in
controversy is within the jurisdictional limits of this court. This court has jurisdiction over the
parties because the events giving rise to the lawsuit occurred in and/or the Defendant(s) resides
in Mesquite, Texas.

4. Venue. Venue in Dallas County is proper in this cause under Sections 15.002(a)
and/or 15.035(b) of the Texas Civil Practice and Remedies Code and under section 17.56 of the
Texas Business & Commerce Code, because all or a substantial part of the events or omissions
giving rise to this lawsuit occurred in this county and/or it was the Defendant(s)’s residence at the
time the cause of action accrued and/or it is the county in which Defendant(s) currently resides.

5. Note and Security Agreement. Attached to this petition as Exhibit “1” is a copy
of a note and security agreement executed by Defendant(s). Plaintiff is the owner and holder of

PLAINTIFF’S ORIGINAL PETITION; INVESTMENT RETRIEVERS, INC VS. GABRIELA ESPINOZA AKA GABRIELA
MARTINEZ, et al.
-1-
this note and is entitled to receive all money due under its terms. The note is incorporated in this
petition by reference. To secure the debt created by the note, Defendant(s) executed a security
agreement granting Plaintiff’s successor in interest a security interest in the vehicle.

6. Default. Defendant(s) defaulted in paying the note. The security interest in the
collateral was foreclosed, and was sold in accordance with Texas law. There is currently due the
sum of $15,510.32, plus accrued interest as provided for in the note.

7. Conditions Precedent. All conditions precedent have been performed or have
occurred.

8. Attorney’s Fees. Defendant(s)’s default has made it necessary for Plaintiff to
employ the undersigned attorney to file suit. This claim was timely presented to Defendant(s) and
remains unpaid. Reasonable fees for the attorney’s services rendered and to be rendered through
trial and appeal are at least $1,000.00.

9. Prayer. Plaintiff prays that—

a. Defendant(s) be cited to appear and answer;
b. Plaintiff be granted judgment for $15,510.32 as the net principal amount
due on the note;
c. Plaintiff be granted judgment for post-judgment interest at the highest
legal or contractual rate allowed by law;
d. Plaintiff be granted judgment for at least $1,000.00 as reasonable
attorney’s fees, with additional contingent amounts in the event of
appellate proceedings;
e. Plaintiff be granted judgment for all costs of court; and
f. Plaintiff be granted all further relief to which Plaintiff may be entitled.

Respectfully
pectfully
ly submitted,
ly

By: ___________________________
_____
____
_ __________________
Carll Tucker
State Bar No. 20265100
Law Office of Carl Tucker PLLC
2028 E Ben White Blvd #240-1650
Austin Texas 78741
Tel: (866) 457-4107
Fax: (214) 594-7862
ctuckerlaw@gmail.com
Attorney for the Plaintiff,
Investment Retrievers, Inc.

PLAINTIFF’S ORIGINAL PETITION; INVESTMENT RETRIEVERS, INC VS. GABRIELA ESPINOZA AKA GABRIELA
MARTINEZ, et al.
-2-
EXHIBIT 1
553-TX-ARB-e 2/12
MOTOR VEHICLE RETAIL INSTALLMENT SALES CONTRACT
SIMPLE FINANCE CHARGE

Dealer Number Contract Number

BUYER *$%5,(/$(63,12=$ SELLER/CREDITOR 7523+<1,66$1
ADDRESS 9,$'(/5(< ADDRESS 1*DOORZD\
CITY 0(648,7( STATE 7; ZIP CITY 0HVTXLWH STATE 7; ZIP
PHONE PHONE

CO-BUYER -25*(/(63,12=$7255(6
ADDRESS 9,$'(/5(<
CITY 0(648,7( STATE 7; ZIP
PHONE

The Buyer is referred to as “you” or “your.” The Seller is referred to as “we” or “us.” This contract may be transferred by the Seller.
PROMISE TO PAY: The credit price is shown below as the “Total Sales Price.” The “Cash Price” is also shown in the Itemization of Amount
Financed. By signing this contract, you choose to purchase the vehicle on credit according to the terms of this contract. You agree to pay us the
Amount Financed, Finance Charge, and any other charges in this contract. You agree to make payments in U.S. funds according to the Payment
Schedule in this contract. If more than one person signs as a buyer, you agree to keep all the promises in this agreement even if the others do not.
You have thoroughly inspected, accepted, and approved the vehicle in all respects.
USE FOR WHICH PURCHASED
VEHICLE IDENTIFICATION
PERSONAL, FAMILY, OR HOUSEHOLD,
YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER ; NEW UNLESS OTHERWISE INDICATED BELOW
DEMONSTRATOR If either of the boxes below is checked, Chapter 353
1,66$1 7,7$1:' 1%$(')1 of the Texas Finance Code applies to this Contract.
FACTORY
7KLVLVQRWWKH$XWKRULWDWLYH&RS\

OFFICIAL/EXECUTIVE BUSINESS OR COMMERCIAL
USED AGRICULTURAL

Trade-in: Make 1,66$1 Model 6(175$

Year VIN 1$%$3'/ License No.

FEDERAL TRUTH-IN-LENDING DISCLOSURES SELLER'S DISCLAIMER OF WARRANTIES
ANNUAL FINANCE Amount Total of Total Sale Unless the seller makes a written warranty, or
PERCENTAGE CHARGE Financed Payments Price enters into a service contract within 90 days
RATE The dollar The amount of The amount you will The total cost of from the date of this contract, the seller
The cost of amount the credit provided tohave paid after you your purchase on makes no warranties, express or implied, on
your credit as credit will you or on your have made all credit, including
a yearly rate. cost you. behalf. payments as your down
the vehicle, and there willbe no implied
scheduled. payment of warranties of merchantability or of fitness for
a particular purpose.
$ This provision does not affect any warranties
covering the vehicle that the vehicle
% $ $ $ $ manufacturer may provide.
Your Payment Schedule Will Be:
Used Car Buyers Guide. The information you
Number of Amount of When Payments see on the window form for this vehicle is part
Payments Payments Are Due
of this contract. Information on the window
$ Monthly beginning
form overrides any contrary provisions in the
Or as follows contract of sale.
2QH)LQDO3D\PHQW2I 1$ 1$ Spanish Translation: Guía para compradors
de vehículos usados. La información que ve
Late Charge: If we do not receive your entire payment within 15 days after it is due (10 days if you are
en el formulario de la ventanilla para este
buying a heavy commercial vehicle), you will pay a late charge of 5% of the scheduled payment. vehículo forma parte del presente contrato. La
Prepayment. If you pay all that you owe early, you will not have to pay a penalty. información del formulario de la ventanilla
Security Interest. We will have a security interest in the vehicle being purchased. deja sin efecto toda disposición en contrario
contenida en el contrato de venta.
Additional Information: See this document for more information about nonpayment, default, security
interests, and any required repayment in full before the scheduled date.

APPLICABLE LAW Federal and Texas law apply to this contract.

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

This PROVISION applies to this contract only if the vehicle financed in the contract was purchased for personal, family, or household use.

LAW 553-TX-ARB-e 2/12 v1 Page 1 of 6
ITEMIZATION OF AMOUNT FINANCED
LIABILITY INSURANCE: THIS CONTRACT
1 Cash Price (including any accessories, services, taxes, DOES NOT INCLUDE INSURANCE COVER-
6$/(67$; $ , $&&(6625,(6 $ 1$ , AGE FOR PERSONAL LIABILITY AND
1$ $ 1$ , and1$ $ 1$ )$ (1) PROPERTY DAMAGE CAUSED TO OTHERS.
2 Total Downpayment = (if negative, enter “0” and see Line 4A below)
Gross Trade-In $ LEGAL LIMITATIONS ON OUR RIGHTS
– Pay Off Made By Seller $ If we don't enforce our rights every time, we can
still enforce
them later. We will exercise all of
= Net Trade In $
our rights in a lawful way. You don't have to pay
+ Cash $ finance charge or other amounts that are more
+ Mfrs. Rebate $ than the law allows. This provision prevails over
1$
+ Other (describe) $ 1$ all other parts of this contract and over all our
Total Downpayment $ (2)
other acts.
3 Unpaid Balance of Cash Price (1 minus 2) $ (3)
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Seller may keep part of these amounts.):
A 10$&
Net trade-in payoff to $
B Cost of Optional Credit Insurance Paid to Insurance
Company or Companies.
Life $ 1$
Disability $ 1$ $ 1$
C Other Optional Insurance Paid to Insurance Company or Companies $
D Official Fees Paid to Government Agencies
1) to 1$ for 1$ $ 1$
2) to 1$ for 1$ $ 1$
3) to 1$ for 1$ $ 1$
E Debt Cancellation Agreement Fee Paid to the Seller $ 1$
F Dealer’s Inventory Tax (if Not Included in Cash Price) $
G Sales Tax (if Not Included in Cash Price) $ 1$
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H Other Taxes (if Not Included in Cash Price) $
I Government License and/or Registration Fees
67$7(2)7; $
J Government Certificate of Title Fees $
K Government Vehicle Inspection Fees $
L Deputy Service Fee Paid to Dealer $
M Documentary Fee (Cargo Documental) $
A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT
REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS
RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE
AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS REQUIRED BY LAW.
UN CARGO DOCUMENTAL NO ES UN CARGO OFICIAL. LA LEY NO EXIGE QUE SE
IMPONGA UN CARGO DOCUMENTAL. PERO ÉSTE PODRÍA COBRARSE A LOS
COMPRADORES POR EL MANEJO DE LA DOCUMENTACIÓN EL RELACIÓN CON LA
VENTA. UN CARGO DOCUMENTAL NO PUEDE EXCEDER UNA CANTIDAD RAZONABLE
ACORDADA POR LAS PARTES. ESTA NOTIFICACIÓN SE EXIGE POR LEY.
N Other Charges (Seller must identify who is paid and
describe purpose.)
to State for Plate Transfer Fee $
to 033 for&/8% $
to 033 for(;7:$55$17<6(59,&( $
to &$5(0$,17(1$1&( for0$,17(1$1&( $
to 1$ for1$ $ 1$
to 1$ for1$ $ 1$
to 1$ for1$ $ 1$
to 1$ for1$ $ 1$
to 1$ for1$ $ 1$
to 1$ for1$ $ 1$
Total Other Charges and Amounts Paid to Others on Your Behalf $ (4)
5 Amount Financed (3 + 4) $ (5)

LAW 553-TX-ARB-e 2/12 v1 Page 2 of 6
PROPERTY INSURANCE. You must keep the collateral insured against damage or loss in the amount you owe. You must keep this insurance until you have paid all that you
owe under this contract. You may obtain property insurance from anyone you want or provide proof of insurance you already have. The insurer must be authorized to do
business in Texas.You agree to give us proof of property insurance. You must name us as the person to be paid under the policy in the event of damage or loss.
If any insurance is checked below, policies or certificates from the insurance companies will describe the terms, conditions, and deductibles.

Optional Credit
Life and Credit Disability Insurance
Credit life insurance and credit disability insurance are not required to obtain credit. They will not be provided unless you sign and agree to pay the extra cost. Your decision to buy or not buy
these insurance coverages will not be a factor in the credit approval process.

Credit Life, one buyer
$ 1$ Term 1$ 1$
Credit Disability, one buyer
$ Term 1$
1$
Credit Life, both buyers
$ Term 1$ 1$
Credit Disability, both buyers $ Term 1$
1$
(Insurance Company)
1$
(Home Office Address)
Credit life insurance pays only the amount you would owe if you paid all your payments on time. Credit disability insurance does not cover any increase in your payment or in the number of
payments.
If the term of the insurance is 121 months or longer, the premium is not fixed or approved by the Texas Insurance Commissioner.
You want the insurance indicated above.

X X
Buyer's signature Date Co-Buyer's signature Date

Optional Insurance Coverages and Debt Cancellation Agreement
The granting of credit will not be dependent on the purchase of either the insurance coverages or the debt cancellation agreement described below. It will not be provided unless you sign and
agree to pay the extra cost. The credit approval process will not be affected by whether or not you buy these insurance coverages or the debt cancellation agreement.

Term in
Coverage Months Premium or Fee
GAP*
7KLVLVQRWWKH$XWKRULWDWLYH&RS\

$
$
$
Debt Cancellation Agreement** 1$ $ 1$
2/'81,7('
(Insurance Company)
6+$:1((0,66,21
(Home Office Address)
*If the vehicle is determined to be a total loss, GAP insurance will pay us the difference between the proceeds of your basic collision policy and the amount you owe on the vehicle, minus your
deductible. You can cancel that insurance without charge for 10 days from the date of this contract.
**WE WILL CANCEL CERTAIN AMOUNTS YOU OWE UNDER THIS CONTRACT IN THE CASE OF A TOTAL LOSS OR THEFT OF THE VEHICLE AS STATED IN THE DEBT
CANCELLATION AGREEMENT. You can cancel the debt cancellation agreement without charge for a period of 30 days from the date of this contract, or for the period stated in the debt
cancellation agreement, whichever period ends later.
If the box next to a premium for an insurance coverage included above is marked, that premium is not fixed or approved by the Texas Insurance Commissioner. A debt cancellation agreement is
not insurance and is regulated by the Office of the Consumer Credit Commissioner.
For the premiums or fees included above, you want the related optional coverages and debt cancellation agreement.

X X
Buyer Signature Date Co-Buyer Signature Date

OTHER TERMS AND CONDITIONS

1. FINANCE CHARGE AND PAYMENTS c. HOW LATE OR EARLY PAYMENTS CHANGE WHAT YOU
a. HOW WE FIGURE THE FINANCE CHARGE. We figurethe MUST PAY. We based the Finance Charge, Total of Payments,
Finance Charge using the true daily earnings method as defined and Total Sale Price as if all payments were made as scheduled.
by the Texas Finance Code. Under the true daily earnings If you do not timely make all your payments in at least the correct
method, the Finance Charge will be figured by applying the daily amount, you will have to pay more Finance Charge. If that
rate to the unpaid portion of the Amount Financed for the number happens, your last payment will be more than your final scheduled
of days the unpaid portion of the Amount Financed is outstanding. payment, or at our option, you will have to pay more payments of
The dailyrate is 1/365th ofthe Annual Percentage Rate. The the same amount as your scheduled payment with a smaller last
unpaid portionof the Amount Financed does not includelate payment. If you make scheduled payments early, your Finance
charges or return check charges. Charge willbe reduced (less).Ifyou make your scheduled
b. HOW WE WILL APPLY YOUR PAYMENTS. We will apply your payments late, your Finance Charge will increase. We will send
payments in the following order: you a noticetellingyou about these changes before the final
1. earned but unpaid finance charge; and scheduled payment is due.
2. to anything else you owe under this agreement.

LAW 553-TX-ARB-e 2/12 v1 Page 3 of 6
d. INTEREST AFTER MATURITY. If you do not pay allyou owe d. AGREEMENT TO KEEP VEHICLE INSURED. You agree to have
when the final payment becomes due, or you do not pay all you physical damage insurance covering loss or damage to the vehicle
owe if we demand payment in full under this contract, you will pay for the term of this contract. The insurance must cover our interest
an interest charge on the amount that is still unpaid. That interest in the vehicle.
charge will be the higher rate of 18% per year or the maximum e. OUR RIGHT TO PURCHASE REQUIRED INSURANCE IF YOU
rate allowed by law, if that rate is higher. The interest charge for FAIL TO KEEP THE VEHICLE INSURED. If you fail to give us
this amount will begin the day after the final payment becomes proof thatyou have insurance, we may buy physical damage
due. insurance. We may buy insurance that covers your interest and
e. TRANSFER OF RIGHTS. We may transferthis contract to our interest in the vehicle, or we may buy insurance that covers
another person. That person will then have all our rights, our interest only. You will pay the premium for the insurance and a
privileges, and remedies. finance charge at the contractrate. If we obtain collateral
f. SPECIAL PROVISIONS FOR BALLOON PAYMENT CON- protectioninsurance, we willmail noticeto your lastknown
TRACTS. A balloon payment is a scheduled payment more address shown in our file.
than twice the amount of the average of your scheduled f. PHYSICAL DAMAGE INSURANCE PROCEEDS. You must use
payments, other than the downpayment, that are due before the physical damage insurance proceeds to repair the vehicle, unless
balloon payment. You can pay allyou owe when the balloon we agree otherwise in writing. However, if the vehicle is a total
payment isdue and keep your vehicle.Ifyou buy the vehicle loss, you must use the insurance proceeds to pay what you owe
primarily for personal, family, or household use, you can enter into us. You agree that we can use any proceeds from insurance to
a new written agreement to refinance the balloon payment when repair thevehicle, or we may reduce what you owe under this
due without a refinancingfee. If you refinance the balloon contract. If we apply insurance proceeds to the amount you owe,
payment, your periodic payments will not be larger or more often they will be applied to your payments in the reverse order of when
than the payments in this contract. The annual percentage rate in they are due. If your insurance on the vehicle or credit insurance
the new agreement will not be more than the Annual Percentage doesn't pay all you owe, you must pay what is still owed. Once all
Rate in thiscontract. This provisiondoes not apply ifyour amounts owed under thiscontract are paid, any remaining
Payment Schedule has been adjusted to your seasonal or proceeds will be paid to you.
irregular income. g. RETURNED INSURANCE PREMIUMS AND SERVICE
CONTRACT CHARGES. Ifwe get a refund on insurance or
2. YOUR OTHER PROMISES TO US service contracts, or other contracts included in the cash price, we
a. USE AND TRANSFER OF THE VEHICLE. You will not sell or will subtract it from what you owe. Once all amounts owed under
transfer the vehicle without our written permission. If you do sell or this contract are paid, any remaining refunds will be paid to you.
transfer the vehicle, this will not release you from your obligations
h. APPLICATION OF CREDITS. Any credit that reduces your debt
under this contract, and we may charge you a transfer of equity will apply to your payments in the reverse order of when they are
7KLVLVQRWWKH$XWKRULWDWLYH&RS\

fee of$25.00 ($50 for a heavy commercial vehicle).You will due, unless we decide to apply it to another part of your debt. The
promptly tell
us in writingifyou change your address or the amount of the credit and all finance charge or interest on the credit
address where you keep the vehicle. We agree you may remove willbe applied to your payments in the reverse orderof your
the vehicle from the U.S. for 72 hours or less, if the vehicle will payments.
continue tobe covered by the insurancethis contract requires.
Otherwise,you agree not to remove the vehicle from the U.S. 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
without our written permission. a. LATE CHARGE. You will pay us a late charge as agreed to in this
b. CARE OF THE VEHICLE. You agree to keep the vehiclefree contract when it accrues.
from all liens, and claims except those that secure this contract. b. DEFAULT. You will be in default if:
You will timely pay all taxes, fines, or charges pertaining to the 1. You do not pay any amount when it is due;
vehicle. You will keep the vehicle in good repair. You will not allow 2. You give false,incomplete, or misleading informationon a
the vehicle to be seized or placed in jeopardy or use it illegally. credit application;
You must pay all you owe even if the vehicle is lost, damaged or 3. You file
bankruptcy, bankruptcy isfiledagainst you, or the
destroyed.If a thirdparty takes a lienor claim against or vehicle becomes involved in a bankruptcy.
possession of the vehicle, we may pay the third party any cost 4. You allow a judgment to be entered against you or the
requiredto free the vehiclefrom allliensor claims. We may collateral; or
immediately demand that you pay us the amount paid to the third 5. You break any of your promises in this agreement.
partyfor the vehicle.Ifyou do not pay this amount, we may If you default, we can exercise our rights under this contract and
repossess the vehicle andadd that amount to the amount you our other rights under the law.
owe. If we do not repossess the vehicle, we may still demand that c. OUR RIGHT TO DEMAND PAYMENT IN FULL. If you default, or
you pay us, but we cannot compute a finance charge on this we believe in good faith that you are not going to keep any of your
amount. promises, we can demand that you immediately pay all that you
c. SECURITY INTEREST. To secure allthat you owe on this owe. We don't have to give you notice that we are demanding or
contract and all your promises in it, you give us a security interest intend to demand immediate payment of all that you owe.
in: d. REPOSSESSION. If you default, we may repossess the vehicle
1. The vehicle including all accessories and parts now or later from you if we do so peacefully. If your vehicle has an electronic
attached and any other goods financed in this contract; tracking device, you agree that we may use the device to find the
2. All insurance proceeds and other proceeds received for the vehicle. If any personal items are in the vehicle, we can store them
vehicle; for you and give you written notice at your last known address
3. Any insurance policy,service contract or other contract shown on our records within 15 days of discovering that we have
financed by us and any proceeds of those contracts; and your personal items. If you do not ask for these items back within
4. Any refunds of charges included in this contract for insurance, 31 days from the day we mail or deliver the notice to you, we may
or service contracts. dispose of them as applicable law allows.Any accessory,
This security interest also secures any extension or modification of equipment, or replacement part stays with the vehicle.
this contract. The certificate of title must show our security interest
in the vehicle.

LAW 553-TX-ARB-e 2/12 v1 Page 4 of 6
e. YOUR RIGHT TO REDEEM. If we take your vehicle, we will tell 4. INTEGRATION AND SEVERABILITY CLAUSE This contract contains
you how much you have to pay to get it back. If you do not pay us the entireagreement between you and us relatingto the saleand
to get the vehicle back, we can sell it or take other action allowed
financing of the vehicle. If any part of this contract is not valid, all other
by law. Your right to redeem ends when the vehicle is sold or we parts stay valid.
have entered into a contract for sale or accepted the collateral as
full or partial satisfaction of a contract. Electronic Contracting and Signature Acknowledgment.
f. DISPOSITION OF THE VEHICLE. If you don't pay us to get the You agree that (i) this contract is an electronic contract
vehicle back, we can sell it or take other action allowed by law. We
executed by you using your electronic signature, (ii)your
will send you notice at least 10 days before we sell it. We can use
electronic signature signifies your intent to enter into this
the money we get from selling it to pay allowed expenses and to
contract and that this contract be legally valid and enforceable
reduce the amount you owe. Allowed expenses are expenses we in accordance with its terms to the same extent as if you had
pay as a direct result of taking the vehicle, holding it, preparing it
executed this contract using your written signature and (iii) the
for sale, and selling it. If any money is left, we will pay it to you
authoritative copy of this contract ("Authoritative Copy") shall
unless we must pay it to someone else. If the money from the sale
be that electronic copy that resides in a document manage-
ment system designated by us
is not enough to pay all you owe, you must pay the rest of what for the storage of authoritative
copies of electronic records, which shall be deemed held by us
you owe us plus interest. If we take or sell the vehicle, you will
in the
give us the certificate of title and any other document required by ordinary course of business. Notwithstanding the
state law to record transfer of title. foregoing, if the Authoritative Copy is converted by printing a
g. COLLECTION COSTS. Ifwe hirean attorneywho is not our paper copy which is marked by us as the original (the "Paper
employee to enforce thiscontract, you will pay reasonable Contract"), then you acknowledge and agree that (1) your
signing
attorney's fees and court costs as the applicable law allows. You of this contract with your electronic signature also
constitutes
will also pay our reasonable out-of-pocket expenses incurred in issuance and delivery of such Paper Contract, (2)
your
connection with retaking, holding, and selling the vehicle as the electronic signature associated with this contract, when
applicable law allows. affixed to the Paper Contract, constitutes your legally valid and
h. CANCELLATION OF OPTIONAL INSURANCE AND SERVICE binding signature on the Paper Contract and (3) subsequent to
CONTRACTS. This contract may contain charges for insurance or such conversion, your obligations will be evidenced by the
Paper Contract alone.
service contracts or for services included in the cash price. If you
default,you agree that we can claim benefits under these
contractsto the extent allowable, and
terminate them to obtain
refunds of unearned charges to reduce what you owe or repair the
vehicle.
If thevehicle isa total
loss because itisdamaged or
stolen, we may claim benefits under these contracts and cancel
7KLVLVQRWWKH$XWKRULWDWLYH&RS\

them to obtain refunds of unearned charges to reduce what you
owe.
CONSUMER CREDIT COMMISSIONER NOTICE
To contact 10$&,)6 about this account, call . This contract is
subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd.,Austin, Texas
78705-4207; (800) 538-1579; www.occc.state.tx.us, and can be contacted relative to any inquiries or complaints.

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.
Any change to this contract must be in writing. Both you and we must sign it. No oral changes to this contract are enforceable.

Buyer X Co-Buyer X

See the rest of this contract for other important agreements.
CONSUMER WARNING: Notice to the buyer--Do not sign this contract before you read itor ifit contains any blank
spaces. You are entitled to a copy of the contract you sign. Under the law, you have the right to pay off in advance all
that you owe and under certain conditions may save a portion of the finance charge. You will keep this contract to
protect your legal rights.
BUYER’S ACKNOWLEDGEMENT OF CONTRACT RECEIPT: YOU AGREE TO THE TERMS OF THIS CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF IT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE
GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL PAGES
OF THIS CONTRACT, INCLUDING THE ARBITRATION CLAUSE ON PAGE 5, BEFORE SIGNING BELOW.
Buyer Signs X Date Co-Buyer Signs X Date
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 is on the title to the vehicle but does not have to
pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.

Other owner signs hereX Date Address

Seller signs TROPHY NISSAN Date By X Title),0*5
THIS CONTRACT IS NOT VALID UNTIL YOU AND WE SIGN IT.

LAW 553-TX-ARB-e 2/12 v1 Page 5 of 6
ARBITRATION CLAUSE
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR
BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE

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TOBOLOWSKY, EMILY Track Judge’s New Case

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Document Filed Date

May 15, 2019

Case Filing Date

May 15, 2019

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Document for INVESTMENT RETRIEVERS, INC. vs. GABRIELA ESPINOZA, et al

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