WESTLAKE SERVICES LLC D/B/A WESTLAKE FINANCIAL SERVICES v. KENNETH SCHNIPPERT, 2022-CC-000673, 3 (Fla. Duval Cty. Ct. Jan. 20, 2022) (2024)

Filing # 142329339 E-Filed 01/20/2022 12:58:33 PM
`
`16-2022-CC-000673-XXXX-MA Div: CC-P
`
`IN THE COUNTY COURT, CIVIL DIVISION, DUVAL COUNTY, FLORIDA.
`
`WESTLAKE SERVICES, LLC., d/b/a
`WESTLAKE FINANCIAL SERVICES
`
`Plaintiff,
`
`vs.
`
`KENNETH SCHNIPPERT
`
`Defendant.
`
`/
`
`Case No.
`
`COMPLAINT
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`The above namedPlaintiff sues the above-named Defendant, and alleges:
`This is an action at law in which the matter in controversy does not exceed the sum of $30,000.00,
`exclusive ofinterest, costs, and attorney's fees, therefore this Court has jurisdiction pursuant to
`subsection 34.01(1)(c), Florida Statutes.
`On September 21, 2021, in its initial communication with Defendant, the offices of the undersigned
`mailed the notice required by 15 U.S.C. § 1692g(a)(1)-(5), via regular U.S. mail, such notice was
`not returned.
`
`That on or about December 28, 2018, Defendant, entered into a Motor Vehicle Retail Installment
`Contract with Plaintiff's assignor, a copy of which is attached hereto, and by reference is made a
`part hereof. Plaintiff is the current owner and holder of the contract.
`Defendant failed to make the payment due on said contract at which time there wasstill a balance
`dueto Plaintiff.
`
`Plaintiff subsequently took possession of the following described property:
`VIN:JNICV6FE2BM954297
`YR/MAKE/MODEL:2011/INFINITI/G37-V6
`
`and after taking possession of the referenced collateral, Plaintiff sent a copy ofthe notice of
`repossession attached hereto and incorporated herein by reference.
`On December 12, 2019, the above described property wassold at a private (dealer only) wholesale
`auction to the highest bidder.
`The proceeds of said sale in the amount of $5,700.00, were applied to the balance owed to Plaintiff
`by Defendant, and after appropriate adjustment for prepaid interest and/or insurance andcosts of
`repossession and sale of the property which are itemized, attached and incorporatedherein,
`Defendantstill owed a remaining balance on the contract of $12,339.88 to Plaintiff.
`It has become necessary for Plaintiff to retain the undersigned attorneys to representit in the
`above-styled cause and to pay them a reasonable attorney's fee and other costs for their services in
`this cause. Defendant is responsible for said reasonable attorney's fees pursuant to the subject
`contract.
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/21/2022 01:59:47 PM
`
`

`9.
`10.
`
`All conditions precedent to the bringing of this action have been performed or have occurred.
`Upon information and belief Defendant is not in any branch of the United States Armed Forces or
`its allies.
`
`WHEREFORE,Plaintiff demands judgment against the Defendantin the sum of $12,339.88,
`together with interest, attorney's fees and court costs.
`
`SOLOMON, VIGH & SPRINGER,P.A.
`ATTORNEYSAT LAW
`P.O. BOX 3275
`TAMPA, FLORIDA 33601-3275
`(813) 229-0115 (Telephone)
`(813) 221-9158 (facsimile)
`ATTORNEYS FOR PLAINTIFF
`
`BY: 4/ Robert A. Vigh
`
`G
`
`O
`
`MARVIN SOLOMONFBN 076105
`Email: info@svslawfirm.com
`ROBERTA. VIGH FBN 0991902
`Email: rvigh@svslawfirm.com
`2d Email: robvigh@gmail.com
`JOHN E. SPRINGER FBN 105585
`Email: john@svslawfirm.com
`ROBERT B. SOLOMONFBN34654
`email: rsolomon@svslawfirm.com
`
`Law Firm File # 1221-W215868
`
`

`
`
`
`paid in cash.
`
`
`Loan Processing Fee. You agree to pay a loan processing fee of
`
`
`¢ N/A
`that will be
`
`
`
`financed over the term of the Contract.
`
`
`
` Minimum Finance Charge. You agree to pay a minimum finance chargeof
`
`
`
`
`
`Copyof the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
`
`Insurance Disclosures
`
`Credit Insurance. Credit life and credit disability (accident and health) are not required to
`obtain credit and are not a factor in the credit decision. We will not provide them unless you
`sign and agree to pay the additional premium.If you want such insurance, we will obtain it
`for you (if you qualify for coverage). We are quoting below only the coverages you have
`[X] Pre-delivery Service Fee. You agree to pay a pre-delivery service fee of
`
`chosen to purchase.
`
`
`Credit Life
`
`¢ that willbe[1paid in cash._299.00
`
`
`
`
`
`
`
`
`Joint
`financed over the term of the Contract. This charge represents costs andprofit to
`
`
`
`
`XM None
`Single
`the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing
`Premium $ N/A
`Term
`
`documents related to the sale.
`Insured
`
`
`
`
`Credit Disability
`
`
`
`
`
`
`Single
`Premium $ N/A
`Term
`
`Insured
`
`XM None
`
`Joint
`
`Your signature below means you want (only) the insurance coverage(s) quoted above.If
`"None"is checked, you have declined the coverage weoffered.
`
`
`
`DOB
`
`DOB
`
`y of
`
`
`N/A
`
`By:
`
`DOB
`
`Property Insurance. You mustinsure the Property. You maypurchaseorprovide the
`insurance through any insurance company reasonably acceptable to us. The collision
`
`
`
`insurance trom or through us you will pay $
`
`for
`of coverage.
`
`N/A
`$
`INCL.
`e$
`$
`N/A
`
`$
`N/A
`
`[This area intentionallyleft blank]
`
`c. Cash Price (a+b)
`d. Trade-in allowance
`
`e. Less: Amount owing,paid to {include@™
`
`f. Net trade-in (d-e; if negative, enter $0 heré™§
`enter the amountonline m)
`$
`
`$
`N/A
`$
`$
`N/A
`
`if you pay this Contractin full before we have
`
`3 NA
`earned that much in finance charges.
` Itemization of Amount Financed
`a.
`Price of Vehicle, etc.(incl. sales tax of
`3 1269.91
`Pre-delivery service fee
`
`b.
`
`}
`
`$
`
`19791.91
`
`
`
`n.
`
`0.
`
`g. Cash payment
`h. Manufacturer's rebate
`i. Deferred down payment
`j. Other down payment{describe}
`
`$
`N/A
`k. Down Payment (f+g+h+i+j)
`$
`5750.00
`|. Unpaid balance of Cash Price (c-k)
`$
`14340.91
`m. Financed trade-in balance(seeline f}
`$
`N/A
`coreiu maynot exceed $ N/A
`. Ifyou get
`
`Paid to public officials, including filing
`
`Insurance premiumspaid to insuran
`
`
`(See /nsurance Disclosures section
`benefits types.)
`
`p. Service Contract, paid to:
`
`Marathon Administrative %
`
`
`q. To: Documentary Stamp Tax
`$
`rt.
`To:
`$
`
`
`s. soeoY|LIABILITY INSURANCECOVERAGEFOR BODILY INJURY ANDTo:Knight Management Insurance Servicesfor GAP §
`
`
`
`t Te N/A;|PROPERTY DAMAGE CAUSED TO OTHERSIS NOT INCLUDED
`
`
`ne Na|UNLESS CHECKED AND INDICATED.
`
`
`w. To:
`$
`N/A
`
`$
`N/A
`x. To:
`
`$
`N/A
`y. To:
`
`$
`N/A
`z.
`To:
`aa. Total Other Charges/Amts Paid (mthruz)
`$
`1750.35
`bb. Prepaid Finance Charge
`$
`N/A
`ce. AmountFinanced (+ae-bb)
`$
`16091.26
`We mayretain or receive a portion of any amountspaid to others.
`
`Retail Installment Contract-FL Not for use in transactions secured by a dwelling.
`Bankers SystemsT VMP®
`Wolters Kluwer Financial Services © 2015
`
`WLK-MVLFAZFL 11/9/2016
`
`Page 2 of 6
`
`The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services andis held byit, as Custodian,
`on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Dec 28, 2018 12:10:05 PM.
`
`

`Copyof the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
`
`
`
`
` Single-Interest Insurance. You must purchase single-interest insurance. The
`coverage may be obtained from a companyof your choice, reasonably acceptableto us.If
`you buy the coverage from or through us, you will pay
`3 N/A
`for
`of coverage. This insuranceis solely for the interest of the Seller, its successors and
`assigns, and no protection exists for your benefit. You authorize us to purchase
`Single-Interest Insurance.
`
`eSigned By:
`
`| RKReuneth Schutppert
`
`
`Dec 28, 2018 12:06:10 PM PST
`12/28/2018
`
`By: Kenneth J Schnippert
`
`Date
`
`
`
`By:
`
`Date
`
`Your signature below means that you wantthe described item and that you have received
`and reviewed a copy of the contract(s) for the product(s). If no coverage or charge is given
`for an item, you have declined any such coverage weoffered.
`
`You have been given the opportunity to purchase the Property and described services for
`the Cash Price or the Total Sale Price. The “Jota/ Sale Price”is the total price of the
`Property if you buy it over time.
`Deferment. We may agree to defer the scheduled due date ofall or any part of any
`installment payment, and will collect a $15.00 fee for such deferment. You must maintain
`the insurance on the Property required by this Contract during any deferment period. You
`may extend anyoptional insurance you bought with this Contractif the insurance company
`or your insurance contractallows the extension and if you pay the extension charge.In
`addition to the $15.00 defermentfee and the costs ofextending required or optional
`insurance, you will also be required to pay additj
`nce charges as a result of
`
`exercising the defermentoption.
`
`
`
`uth-In-Lending Disclosure assumes
`or
`2s
`Ses
`actual amount you will pay will be more
`
`
`
`
`Additional Protections
`
`SN ollecyam
`ot agree to pay, any finance chargeor
`
`a
`for this sale PyState or federal law.
`You maybuy any ofthe following volunta
`;
`
`to obtain credit, are not a factor in the credit decision, and are not a facto
`
`termsof the credit or the related sale of the Vehicle. The voluntary pro
`
`not be provided unless you sign and agree to pay the additional cost.
`You understand and agree that some paymentsto third parties as a part of this Contract
`may involve money retained by us or paid back to us as commissions or other remuneration.
`
`Additional Terms of the Sales Agreement
`Definitions. “Contract”refers to this Retail Installment Contract and Security Agreement.
`The pronouns “you” and “your”refer to each Buyer signing this Contract, and any
`guarantors,jointly and individually. The pronouns “we”, “ws” and “our”refer to the Seller
`and anyentity to which it may transfer this Contract. “Vehicle”means each motorvehicle
`described in the Description of Property section. "Preperty” means the Vehicle and all other
`property described in the Description of Property and Additional Protections sections.
`
`Purchase of Property. You agree to purchase the Property from Seller, subject to the
`terms and conditions of this Contract. Seller will not make any repairs or additions to the
`Vehicle except as noted in the Description of Property section.
`
`i \bayeal
`
`You agree that the Property will not be used as a dwelling.
`
`Prepayment. You may prepay this Contractin full or in part at any time. We may impose
`
`an acquisition charge of $75.00 for services performed in processing this Contractifit is
`12 months or 12000 miles
`paid in full within 6 months after the Contract's effective date. Any partial prepaymentwill
`¢ 1295. 00
`not excuse any later scheduled payments.If we get a refund of any unearnedinsurance
`owe, ODsitorse provided by law.
`premi
`at you paid, you agree that we may,gadatract the refund from the amount you
`
`
`
`
`Gap Waiveror Gap Coverage
`ent required by this Contract that is
`
`
`54
`arge that is the greater of 5% of the
`
`ayment, debit card orders, or electronic
`
`
`instrument does not exceed $50.00;
`
`Coverage
`pt exceed $300.00; $40.00if the face
`
`
`
`
`
`
`
`
`Sverning Law andInterpretation. This Contract is governed by the law of Florida and
`Term
`applicable federal law and regulations.
`Price
`$
`
`
`Service Contract
`
`Term
`Price
`Coverage
`
`Term
`Price
`
`Coverage
`
`
`
`
`
`If any section or provision of this Contract is not enforceable, the other terms will remain
`part of this Contract. You authorize us to correct any clerical error or omissionsin this
`Contract or in any related document.
`
`
`
`
`
`a2 Ss|KennethSch28, 201812:06:10PMPST 12/28/2018
`
`NameandLocation. Your name andaddress set forth in this Contract are your exact legal
`name and yourprincipal residence. You will provide us with at least 30 days notice before
`you change your nameorprincipal residence.
`
`By: Kenneth J Schnippert
`
`Date
`
`
`
`By:
`
`Date
`
`
`
`By:
`
`Date
`
`Telephone Monitoring and Calling. You agree that we may from time to time monitor
`and record telephone calls madeor received by us or our agents regarding your account to
`assure the quality of our service. In order for us to service the account or to collect any
`amounts you may owe, and subject to applicable law, you agree that we may from time to
`time makecalls and send text messages to you using prerecorded/artificial voice messages
`or through the use of an automatic dialing device at any telephone numberyou provide to us
`in connection with your account, including a mobile telephone numberthat could result in
`charges to you.
`
`Default. You will be in default on this Contract if any one of the following occurs (except
`as prohibited by law):
`® Youfail to perform any obligation that you have undertakenin this Contract.
`® We, in good faith, believe that you cannot,orwill not, pay or perform the obligations
`you have agreed to in this Contract.
`
`Retail Installment Contract-FL Not for use in transactions secured by a dwelling.
`Bankers SystemsT VMP®
`Wolters Kluwer Financial Services © 2015
`
`WLK-MVLFAZFL 11/9/2016
`
`Page 3 of 6
`
`The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services andis held byit, as Custodian,
`on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Dec 28, 2018 12:10:05 PM.
`
`

`Copyof the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
`
`® You will provide us reasonable access to the Property for the purposeof inspection.
`Our entry and inspection must be accomplished lawfully, and without breaching the
`peace.
`
`Agreementto Provide Insurance. You agree to provide property insurance on the
`Property protecting against loss and physical damage and subject to a maximum deductible
`amountindicated in the /nsurance Disclosures section, or as we will otherwise require. You
`will name us as loss payee on any such policy. Generally, the loss payee is the one to be
`paid the policy benefits in case of loss or damageto the Property. In the event of loss or
`damage to the Property, we may require additional security or assurances of payment
`before weallow insurance proceeds to be used to repair or replace the Property. You agree
`thatif the insurance proceeds do not cover the amountsyoustill owe us, you will pay the
`difference. You may purchaseor provide the insurance from any insurance providerthat is
`reasonably acceptable to us. Your choice of an insurance providerwill not affect the credit
`decision. We may impose reasonable requirements concerning the extent of coverage and
`the financial soundness of the insurance provider. You will keep the insurancein full force
`and effect until this Contract is paid in full.
`
`
`
`
`
`@ We may require you to immediately pay us, subject to any refund required by law, the
`remaining unpaid balance of the amountfinanced, finance charges andall other
`agreed charges.
`® We may pay taxes, assessments, or otherliens or make repairs to the Property if you
`have not done so. We are not required to do so. You will repay us that amount
`immediately. That amount will earn finance charges from the date wepayit at the
`post-maturity rate described in the Payment section until paid in full.
`® We may require you to make the Property available to us at a place we designate that
`is reasonably convenient to you and us.
`If you fail to obtain or maintain this insurance, or nameus as loss payee, we may obtain
`insuranceto protect our interest in the Property. This insurance may be written by a
`@ We may immediately take possession of the Property by legal process or self-help,
`companyother than one you would choose. It may be written at a rate higher than a rate
`but in doing so we may not breach the peaceor unlawfully enter onto your premises.
`you could obtain if you purchased the property insurance required by this Contract. We will
`® We may then sell the Property and apply what wereceive as provided by law to our
`
`add the premium for this insurance to the amount
`we us. Any amount wepaywill be
`reasonable expenses and then toward whg
`
`
`due immediately. This amountwill earn finance
`om the date paid at the rate
`
`@ Except when prohibited by law, we
`described in the Payment section until paid i
`
`
`proceedsofa sale do notpayall of
`or damage to the Vehicle that results
`
`ount due under the terms of the Contract
`
`deductibles. You are liable for this
`
`
`Waiver or Gap Coverage to cover the gap
`
`e Gap Waiver or Gap Coverage
`Youagreethat if anynoticeis required to be giv
`:
`e
`.
`the Property, notice is reasonable if mailed to yourlast known address, as$ reflec
`
`records, at least 10 days before the date of the intended sale or transfer {or s
` VOC ART
`period of time as is required by law).
`You agree that we may take possession of personal propertyleft in or on the Property
`PLEASE READ CAREFULLY! By agreeingto this Arbitration
`securing this Contract and taken into possession as provided above. You may have a right to
`Provision you are giving up your right to go to court for claims
`recover that property.
`and disputes arising from this Contract:
`@ EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE
`BETWEEN YOU AND US DECIDED BY ARBITRATION, AND
`Obligations Independent. Each person whosigns this Contract agrees to pay this
`NOT BY A COURT OR BY JURY TRIAL.
`Contract according to its terms. This meansthe following:
`
`YOU MAY HAVE TO
`®
`@QU GIVE UP ANY RIGHT Tiga
`
`® You mustpay this Contract even if sq
`
`RESENTATIVE OR CLASS
`mB
`@ We mayrelease any co-buyer or g
`
`NOR CLASS ARBITRATION
`Contract.
`
`RBITRATED.
`
`We mayrelease any security andi
`
`AND RIGHTS TO APPEAL
`If we give up any of ourrights,it
`
`If we extend new credit or renew
`
`) THAN IN A JUDICIAL
`this Contract.
`eS THAT YOU WOULD
`
`HAVE IN COURT MAYNOTBE AVAILABLE.
`
`ou or we(including any assignee) may elect to resolve any Claim by neutral, binding
`arbitration and not by a court action. “C/aim” means any claim, dispute or controversy
`between you and us or our employees, agents, successors, assigns oraffiliates arising from
`or relating to: 1. the credit application; 2. the purchase of the Property; 3. the condition of
`the Property; 4. this Contract; 5. any insurance, maintenance, service or other contracts
`you purchased in connection with this Contract; or 6. any related transaction, occurrence or
`relationship. This includes any Claim based on commonor constitutional law, contract,tort,
`Statute, regulation or other ground. To the extent allowed by law,the validity, scope and
`interpretation of this Arbitration Provision are to be decided by neutral, binding arbitration.
`If either party elects to resolve a Claim through arbitration, you and we agree thatnotrial
`by jury or other judicial proceeding will take place. Instead, the Claim will be arbitrated on
`an individual basis and not on a class or representative basis.
`The party electing arbitration may chooseeither of the following arbitration organizations
`andits applicable rules, providedit is willing and able to handle the arbitration: American
`Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019 (www.adr.org) or
`JAMS, 1920 Main Street, Suite 300 Irvine, CA 92614 (www.jamsadr.com), or it may
`choose any other reputable arbitration organization andits rules to conduct the arbitration,
`subject to the other party's approval. The parties can get a copyof the organization's rules
`by contactingit orvisiting its website. If the chosen arbitration organization's rules conflict
`with this Arbitration Provision, the terms of this Arbitration Provision will govern the Claim.
`However, to address a conflict with the selected arbitration organization's rules, the parties
`mayagree to change the termsof this Arbitration Provision by written amendmentsigned
`by the parties. If the parties are not able to find or agree upon an arbitration organization
`that is willing and able to handle the arbitration, then the arbitrator will be selected
`pursuant to 9 U.S. Code Sections 5 and 6.
`
`If you default, you agree to pay our court costs and fees for repossession, repair, storage
`and sale of the Property securing this Contract. You also agree to pay reasonable attorneys’
`fees after default and referral to an attorney not a salaried employeeof ours.
`
`If an event of default occurs as to any of you, we may exercise our remedies against any
`or all of you.
`
`Remedies.If you are in default on this Contract, we haveall of the remedies provided by
`law and this Contract. Those remediesinclude:
`
`By choosing any one or more of these re
`another remedy. By deciding not to use a
`the event a defaultif it happens again.
`
`If the Property has an electronic tracking device, you agree that we may use the device to
`find the vehicle.
`
`oo¢
`
`Warranty. Warranty information is provided to you separately.
`
`Security Agreement
`Security. To secure your payment and performance underthe terms of this Contract, you
`give us a security interest in the Vehicle, all accessions, attachments, accessories, and
`equipmentplacedin or on the Vehicle andin all other Property. You also assign to us and
`give us a security interest in proceeds and premium refunds of any insurance and service
`contracts purchased with this Contract.
`
`Duties Toward Property. By giving us a security interest in the Property, you represent
`and agree to the following:
`® You will defend our interests in the Property against claims made by anyoneelse. You
`will keep our claim to the Property ahead of the claim of anyoneelse. You will not do
`anything to change ourinterest in the Property.
`® You will keep the Property in your possession and in good condition and repair. You
`will use the Property for its intended and lawful purposes.
`® You agree not to remove the Property from the U.S. without our prior written
`consent.
`
`® You will not attemptto sell the Property, transfer any rights in the Property, or grant
`anotherlien on the Property without our prior written consent.
`® You will pay all taxes and assessments on the Property as they becomedue.
`® You will notify us with reasonable promptness of any loss or damage to the Property.
`
`Retail Installment Contract-FL Not for use in transactions secured by a dwelling.
`Bankers SystemsTM VMP®
`Wolters Kluwer Financial Services © 2015
`
`WLK-MVLFAZFL 11/9/2016
`
`Page 4 of 6
`
`The original document is owned by Westlake Services, LLC d.b.a. Westlake Financial Services andis held byit, as Custodian,
`on behalf of Wells Fargo Bank, National Association, as Agent and Secured Party. This copy was created on Dec 28, 2018 12:10:05 PM.
`
`

`Copyof the Electronic Original® document managed by the eCore® On Demand (EOD™) Service.
`
`Note.If the primary use of the Vehicle is non-consumer, this is not a consumer
`contract, and the following notice does not apply. 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.
`
`If you are buying a used vehicle: The information you see on the
`window form forthis vehicle is part of this contract. Information
`on the window form overrides any contrary provisionsin the
`contract of sale.
`
`You acknowledge receipt of a completed copy of this Contract.
`
`
`12/28/2018
`Date
`
`[This area intentionally left blank]
`
`The arbitration hearing will be conducted in the federal district where you reside unless you
`and weotherwise agree.Or, if you and we agree, the arbitration hearing can be by
`telephone or other electronic communication. The arbitrationfiling fee, arbitrator's
`compensation and other arbitration costs will be paid in the amounts and by the parties
`according to the rules of the chosen arbitration organization. Some arbitration organizations’
`rules require us to pay mostorall of these amounts.If the rules of the arbitration
`organization do not specify how fees must be allocated, wewill pay thefiling fee,
`arbitrator's compensation, and other arbitration costs up to $5,000, unless the law requires
`us to pay more. Each party is responsible for the fees of its own attorneys, witnesses, and
`anyrelated costs, if any, that it incurs to prepare and presentit* Claim or response. In
`limited circ*mstances, the arbitrator may have the authority to award paymentof certain
`arbitration costs or fees to a party, but only if the law and arbitration organization rules
`allow it.
`
`
`
`
`
`An arbitrator must be a lawyer with at least ten (10) years of experience and familiar with
`consumercredit law or a retired state or federal court judge. The arbitration will be by a
`single arbitrator. In making an award, an arbitrator shall follow governing substantive law
`and any applicable statute of limitations. The arbitrator will decide any dispute regarding
`the arbitrability of a Claim. An arbitrator has the authority to order specific performance,
`Si compra un vehiculo usado: La informacién que ve adherida en la
`compensatory damages, punitive damages, and anyotherrelief allowed by applicable law.
`ventanilla forma parte de éste contrato. La informacién contenida
`An arbitrator's authority to make awardsis limited to awards to you or us alone. Claims
`en el formulario de la ventanilla prevalece por sobre toda otra
`brought by you againstus, or by us against you, may not be joined or consolidated in
`disposicién en contrario incluida en el contrato de compraventa.
`arbitration with claims brought by or against someoge other
`than you, unless agreed to in
`
`writing by all parties. No arbitration award o
`e any preclusive effect as to
`
`
`MeMeels
`issues or claims in any dispute with anyong
`d party to the arbitration.
`
`Any arbitration award shall be in writing,
`
`fave an ownership interest in the Property
`be final and binding subject only to any ri
`
`("Third Party Owner").)
`("FAA"), 9 U.S. Code Sections 1, et seq.
`
`arbitration award. You and weagree that
`to the exclusion of any different or inconsist
`
`onofPropertysection. Youalso 2agree to the terms of this Contract except that
`
`You or we can do the following withoutgiving up the right to require arbitration:
`remedies in small claims court for Claims within the small claims court's jurisqig
`not beliable for the payments it requires. Your interest in the Property may be used
`seek judicial provisional remedies. If a party does not exercise the right to elect arbitration
`to satisfy the Buyer's obligation. You agree that we may renew, extend or changethis
`in connection with any particular Claim, that party still can require arbitration in connection
`Contract, or release any party or Property without releasing you from this Contract. We
`with any other Claim.
`may take these steps without notice or demand upon you.
`This Arbitration Provision survives any(i) termination, payoff, assignment or transfer of this
`Contract, (ii) any legal proceeding by you or us to collect a debt owed by the other, and {iii}
`any bankruptcy proceeding in which you or we are the debtor. With but one exception,if
`any part of this Arbitration Provision is deemed or found to be unenforceable for any reason,
`the remainder of this Arbitration Provision will remain in full force and effect. The one
`exception is that if a finding of partial unenforceability would allow arbitration to proceed
`on a class-wide basis, the

WESTLAKE SERVICES LLC D/B/A WESTLAKE FINANCIAL SERVICES v. KENNETH SCHNIPPERT, 2022-CC-000673, 3 (Fla. Duval Cty. Ct. Jan. 20, 2022) (2024)

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