Georgia corrupt courts ruled that because I fill out a credit application, the defendants have the rights to

change it to commit fraud in my name see a similar case, Erik Brucker vs. United States of America, No.
1:11-cv-751/1:08-cr-85 2012 (Brucker v. US), where an auto dealership, Ducktown Dodge conspired with
a SunTrust Bank employee, to falsify customers’ credit applications based upon false income information
provided to the bank. But because the Thomases are African-American there is no crime committed and
they do not have any rights under the Georgia state statutes which protect citizens from such scams, where
KIA Auto Sport of Columbus created the fraudulent credit application in violation of O.C.G.A. § 16-9-
121 (a) (1), (5), which is a separate action against SunTrust (Truist Bank) for willingly accepting the
fraudulent application in violation of OCGA §16-9-121(b).
As is apparently shown, by judge Jordan and Judge Katherine K. Lumsden, of the Superior Court Houston
Judicial Circuit, baseless order granting the motion not only disregarded the facts, but also misrepresented,
lied about the facts, court orders, and the state statutes, this in-your-face show of corrupt power was intent
to intimidate and belittled, the plaintiff and to delivered a clear message to African Americans no matter
what the facts are, or what the laws says African Americans beings of an inferior order, and altogether
unfit to associate with the white race, either in social or political relations; and so far inferior, that African
Americans had no rights which the white man is bound to respect. to remind African Americans of the
infamous Dred Scott v. Sandford, 60 U.S. 393, 417, 19 How. 393, 15 L.Ed. 691 (1856) case.
This is well demonstrated by the corrupt courts baseless orders granted both defendants motion, I have
attached the following;
1) attached to SunTrust Bank motion was the fraudulent credit application, which shows on its face,
that it was created by the defendant KIA Auto Sport of Columbus, in which the court never
addressed;
2) judge Frank J. Jordan Jr. corrupt order only granted Defendant KIA Auto Sport of Columbus,
Motion which does not address the claims against SunTrust or claims against either defendant; and
3) Judge Katherine K. Lumsden corrupt order granted SunTrust Bank motion for summary judgment
intentionally, fraudulently misrepresented Jordan corrupt order to include SunTrust without
addressing the claims surrounding the fraudulent credit application;
As the documents clearly shows my claims against the defendants was never considered by the courts, nor
was I recognize as a citizen with rights. This is a clear message from the Jim Crow courts, and others in
the state of Georgia, not only to me, but also for YOU, no matter what your race.
Therefore, I call on you to take action by requesting the U.S. Department of Justice Civil Rights Division
Criminal Section 950 Pennsylvania Avenue, Northwest Washington, DC 20530 to investigate these
crimes.
6 02Z OV S TOT 6C;

DEALER NAME DEALER TELEPHONE NUMBER DEALER FAX NUMBER

KIA AUTOSPORT OF COLUMBUS 706 - 562 - 0400 706 - 562 - 0419

APPLICANT'S CREDIT STATEMENT

0 Individual Credit
Joint Credit
0 Community Property State
0Business Application
Check 0 If you are applying for individual credit in your name and relying on your own income or assets and not the
Appropriate income or assets of another personas the basis for repayment of the credit requested, complete only Section A.
Box
E If you are applying for joint credit with another person, complete sections A and B.
We intend to apply for joint credit
Applicant Co-Applicant
• If you are married and live In a community propoerty state, please complete Section A about yourself and
Section B about your spouse. You must sign this application. Your spouse must sign this application only if s/he
wishes to be a Co-Applicant.

A. Applicant's Personal Credit Information

1111111111101D JAMES THOMAS

SOCIAL SECURITY NUMBER or (TAX ID) FIRST NAME OR BUSINESS NAME MI LAST NAME

EMAIL ADDRESS DRIVER'S LICENSE # DRIVER'S LICENSE STATE

05 / 1941. 706 - 989 - 12 1 Hos Homeowner

DATE OF BIRTH (MWDDNYYY ) HOME PHONE # CELL PHONE 4 (See below) TIME AT ADDRESS HOUSING STATUS
401 GA HWY 137 HW
CURRENT STREET # AND NAME APT/SUITE # PO BOX # RURAL ROUTE

CUSSETA GA 31805 235

CITY STATE ZIP CODE MTG PYMT OR RENT

PREVIOUS STREET a AND NAME APT/SUITE # PO BOX # RURAL ROUTE

YRS MOS
CITY STATE ZIP CODE TIME AT ADDRESS
onalM111111111t Retired
EMPLOYED BY or TYPE OF BUSINESS (if business application) EMPLOYMENT STATUS OCCUPATION

3 YRS 5 MOS 2464 Monthly

BUSINESS PHONE # TIME EMPLOYED SALARY SALARY TYPE

YRS MOS
TIME EMPLOYED
PREVIOUS EMPLOYMENT (If V I IIIII1 11111 11111 1 Ell 11111
•510 0000 61 00 299244
. 11111 0111 11111 III 11111 11111 1111111111 11111 1111111111 1111 IIII
OCCUPATION
1.111111111111111111111111
Alimony, child support, or se Ned as a basis for repaying this obligation.

OTHER INCOME (MONTHLY) SOURCE OF OTHER INCOME

By providing my cell phone number, I give my prior express consent to receive calls and text messages from the creditor or its
third party debt collector at that number, Including calls and messages made by using an autodialer or prerecorded message.

EXHIBIT

Printed on 10107/2009 at 10:07 AM

• ; •
- ,

4-6
O
I-4 B. Co-Applicant's Personal Credit Information
VI 252278437, SABRINA THOMAS
• SOCIAL SECURITY NUMBER Or (TAX ID) FIRST NAME OR BUSINESS NAME MI LAST NAME
Q
N

▪ EMAIL ADDRESS DRIVER'S LICENSE # DRIVERS LICENSE STATE

05 / 25 / 191" V06 - 989 - 12 yRS 1 MQS Family

DATE OF BIRTH (MM/DD/YYYY ) HOME PHONE # CELL PHONE # (See below) TIME AT ADDRESS HOUSING STATUS

401 GA HWY 137 HW

CURRENT STREET # AND NAME APT/SUITE # PO BOX # RURAL ROUTE

CIISSETA GA 31805 0
CITY STATE ZIP CODE MTG PYMT OR RENT

PREVIOUS STREET # AND NAME APT/SUITE # PO BOX # RURAL ROUTE

YRS MOS
CITY STATE ZIP CODE TIME AT ADDRESS

Employed diMan0
EMPLOYED BY or TYPE OF BUSINESS (if business application) EMPLOYMENT STATUS OCCUPATION

111111111116
BUSINESS PHONE #
02 YRS 1 mos
TIME EMPLOYED
2760
SALARY
Monthly
SALARY TYPE

YRS MOS
PREVIOUS EMPLOYMENT (if [ass than 2 yrs at current) EMPLOYMENT STATUS BUSINESS PHONE # TIME EMPLOYED

Spouse
OCCUPATION RELATIONSHIP

Alimony, child support, or separate maintenance income need not be revealed if you do not wish to have it considered as a basis for repaying this obligation.

OTHER INCOME (MONTHLY) SOURCE OF OTHER INCOME

ADDITIONAL COMMENTS

By providing my cell phone number, I give my prior express consent to receive calls and text messages from the creditor or its
third party debt collector at that number includin calls and messa es made b usin a an autodlaler or • rerecorded messa e.

Printed on 10/07/2009 at 10:07 AM

 TEZ.017 5T 3T 60

AGREEMENT

The words 'you,` "your" and 'yours' mean each person submitting this application. The words "we," 'us,. *our' and "ours' as used
below refer to uS, the dealer, and to the financial institution(s) selected to receive your application.

You authorize us to submit this application and any other application submitted in connection with the proposed transaction to the
financial institutions disclosed to you by us the dealers. This application will be reviewed by such financial institutions on behalf of themselves and
us the dealer. In addition, in accordance with the Fair Credit Reporting Act, you authorize that such financial institutions may submit your
applications to other financial institutions.
I

You agree that we may obtain a consumer credit report periodically from one or more consumer reporting agencies (credit bureaus) in
connection with the proposed transaction and any update, renewal, refinancing, modification or extension of that transaction. You also agree that
we or any affiliate of ours may obtain one or more consumer credit reports on you at any time whatsoever. If you ask, you will be told whether a
credit report was requested, and if so, the name and address of any credit bureau from which we or our affiliate obtained your credit report.

You agree that we may verify your employment, pay, assets and debts, and that anyone receiving a copy of this is authorized to provide
us with such information. You further authorize us to gather whatever credit and employment history we consider necessary and appropriate in
evaluating this application and any other applications submitted in connection with the proposed transaction.

We may keep this application and any other application submitted to us and information about you whether or not the application is
approved. You certify that the information on the application and in any other application submitted to us, is true and complete. You understand
that false statements may subject you to criminal penalties.

FEDERAL NOTICES
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism
and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person
who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other
information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

STATE NOTICES
California Residents: An applicant, if married, may apply for a separate account.

Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that
credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers
compliance with this law.

New Hampshire Residents: If this is an application for balloon financing, you are entitled to receive, upon request, a written estimate of the
monthly payment amount that would be required to refinance the balloon payment at the time such payment is due based on the creditor's current
refinancing programs.

New York Residents: In connection with your application for credit, we may request a consumer report which contains information on your credit
worthiness, credit standing, personal characteristics and general reputation. II we grant you credit, we or our loan servicer may order additional
consumer reports in connection with any .update, renewal or extension of the credit. If you ask us, we will tell you whether we obtained a consumer
report and if we did, we will tell you the name and address of the consumer reporting agency that gave us the report.

Vermont Residents: By signing below you authorize us and our employees or agents to obtain and verify information about you (including one or
more credit reports, information about your employment and banking and credit relationships) that we may deem necessary or appropriate in
evaluating your loan application. If your application is approved and the loan is made, you also authorize us, and our employees and agents, to
obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the
account (if applicable), taking collection on the account, or for any other legitimate purpose.

Married Wisconsin Residents: Wisconsin law provides that no provision of any marital property agreement, or unilateral statement, or court
order applied to marital property will adversely affect a creditor's interests unless, prior to the time that the credit is granted, the creditor is
furnished with a copy of the agreement, statement or decree, or has actual knowledge of the adverse provision. It you are making this application
individually, and not jointly with your spouse, the full name and current address of your spouse must be properly disclosed in the co-applicant
section of this application.

This application may ha $ubmitted to the 100owing financial insetutions Name(s) and Address(es)]

-, By IGNING BELOW, YOU CERTIFY THAT-Y(7y ilAVEREAD AND AGREE TO THE TERMS AND DISCLOSURESON,TNE THREE PAGESOF THIS .

APPLICANT'S SIGNATURE DATE CO. APPUCANTS SIGNATURE DA

COPYRIGHT (C) 2007 1,EALEFITRACK, INC. ALL RIGHTS RESERVED.

 IN THE SUPERIOR COURT OF CHATTAHOOCHEE COUNTY
STATE OF GEORGIA .
JAMES R. THOMAS, JR.,
and SABRINA R. THOMAS, CASE NO.: 11-CV-154
Plaintiffs,
Atssa:a Fried p --
JUN 12 2012
vs. tauntMar
chnr wochao
Supadar
ccturt
ly

KIA AUTOSPORT OF JUDGE FRANK J. JORDAN,

- J127. rli - -
COLUMBUS, INC. and
SUNTRUST BANK,,
Defendants.

ORDER +

Pending before the Court is Defendant Kia Autosport of Columbus, Inc.'s,

Motion to Dismiss Complaint or, in the Alternative, to Stay the Proceedings and

Compel Arbitration.

DISCUSSION

After considering the arguments of both parties, as well as all of the

evidence, the Court hereby GRANTS Defendant Kia Autosport's Motion to Stay

the Proceedings and Compel Arbitration.

All of the claims of the Thomas's' are subject to arbitration. In completing

the purchase of their automobile from Kia Autosport of Columbus, the Thomas's

signed two arbitration agreements, both of which clearly state that all claims

on
arising from the sale shall be arbitrated. Furthermore, this Court finds the

arbitration agreements valid and all issues are arbitrable under the language of the

arbitration agreement.'

The Court hereby DISMISSES the Thomas's claims for identity theft and a

RICO Act violation. By voluntarily providing their "identifying information" to

MA, the Thomas's claim does not rise to the level of a violation of 0.C.G.A. § 16-

9-121 (a)(1), (5) and O.C.G.A. § 16-9-120 (4), (5). The Court finds their claim for

identity theft without merit. Furthermore, the Court also finds the Plaintiffs'

allegations of a RICO Act Violation meritless. The Plaintiffs' have made no

showing of a "pattern of racketeering activity"2 and therefore, this claim is also

DISMISSED.

Based upon the foregoing discussion and the findings of fact and

conclusions of law, the Court hereby GRANTS Defendant Kia Autosport's Motion

to Stay the Case and Compel Arbitration.

So ORDERED this 11th day of June, 2012.

e
HONORAB J. JORDAN JR.
SUPERIOR CO T OF CHATTAHOOCHEE COUNTY
CHATTAHOOCHEE JUDICIAL CIRCUIT

Knit v. Whitecap Hour. Group, 268 Ga.App.436, 442-43 (Ga. Ct. App. 2004).
2 0.C.G.A. § 16-14-4.

\
 IN THE SUPERIOR COURT OF CHATTAHOOCHEE COUNTY
STATE OF GEORGIA

JAMES R. THOMAS JR., )

SABRINA R. THOMAS, )
)
Plaintiffs, )
) Civil Action Number: ACT
v. ) 11-CV-154 ej, otec,er+ Cie <204:9
) 41 .0 `90,,e7 4fRtio
KIA AUTO SPORT OF COLUMBUS, ) 9c 10,- /2
INC., and )
SUNTRUST BANK, )
)
Defendants. )

ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Plaintiffs filed a Motion for Summary Judgment on February 25, 2017 and a Second

Motion for Summary judgment on September 8, 2017 (Hereinafter collectively "Motions

for Summary Judgment") against Defendant SunTrust Bank (Hereinafter, "Defendant") in

the above-referenced matter. No request for Oral Arguments were made in accordance with

Ga. Unif. Super. Ct. R. 6.3.

I. STANDARD OF REVIEW.

To prevail at summary judgment under O.C.G.A. § 9-11-56, the moving party must

demonstrate that there are no genuine issues of any material fact and that the undisputed

facts, viewed in the light most favorable to the nonmoving party, support judgment as a

matter of law. Lau's Corp. v. Haskins, 261 Ga. 491 (1991).

II. FINDINGS OF FACT AND LAW

In Plaintiffs' Motions for Summary Judgment are based solely on claims of Identity

Theft and RICO Act violations. On June 11, 2012 Hon. Frank J. Jordan Jr. issued an order

dismissing all such claims. Thus, the Plaintiffs' arguments are moot.
 After careful consideration of the pleadings, motion, and the applicable Georgia

law, the Court finds that there are no genuine issues of material fact left for a finder of fact

to determine, and that the undisputed facts, viewed in the light most favorable to the

nonmoving party, support judgment as a matter of law against the Plaintiffs.

Therefore, the Court hereby DENIES the Plaintiffs' Motion for Summary

Judgment.

SO ORDERED, this the day of September, 20

.Alratmo
"rrathen - K. Lums• en
Judge, Superior Court
Houston Judicial Circuit

2
 IN THE SUPERIOR COURT OF CHATTAHOOCHEE COUNTY
STATE OF GEORGIA

JAMES R. THOMAS JR.,

SABRINA R. THOMAS,

Plaintiffs,
Civil Action Number:
11-CV-154

MA AUTO SPORT OF COLUMBUS,

INC., and
SUNTRUST BANK,

Defendants.

ORDER

This matter comes before the Court on Defendant SunTrust Bank (hereinafter

`Defendant") Motion for Summary Judgment. After fully considering the briefs,

reviewing all pleadings in the matter, and consideration of applicable Georgia Law, this

ourt hereby GRANTS Defendant's Motion for Summary Judgment finding as follows:

I. STANDARD OF REVIEW.

Summary judgment is proper "if the pleadings, depositions, answers to

terrogatories, and admissions on file, together with the affidavits, if any, show that there

s no genuine issue as to any material fact and that the moving party is entitled to a

udgment as a matter of law." O.C.G.A. § 9-11-56(c). Thus, to prevail on a motion for

ummary judgment, "the moving party must demonstrate that there is no genuine issue of

laterial fact," Montgomery v. Barrow, 286 Ga. 896, 898 (2010), so that the party "is

ntitled to judgment as a matter of law." Kaplan v. City of Sandy Springs, 286 Ga. 559,

60 (2010).
Filed /q,
At CI ' O'Clock '

OCT 0 7 2019
Laura Marion
Clerk Superior Court
Chattahoochee County, GA
By
 "A defendant may do this by either presenting evidence negating an essential

element of the plaintiff's claims or establishing from the record an absence of evidence to

support such claims." Oglethorpe Dev. Group, Inc. v. Coleman, 271 Ga. 173, 173 (1999).

Thus, "the rule with regard to summary judgment" is that a defendant who will not bear

the burden of proof at trial need not affirmatively disprove the nonmoving party's case,

but may point out by reference to the evidence in the record that there is an absence of

evidence to support any essential element of the nonmoving party's case. Cox Enters.,

Inc. v. Nix, 274 Ga. 801, 803 (2002).Where a defendant moving for summary judgment

"discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must

point to specific evidence giving rise to a triable issue." Lau 's Corp., Inc. v. Haskins, 261

Oa. 491, 491 (1991); O.C.G.A. § 9-11-56 (e).

II. HISTORY

James Thomas and Sabrina Thomas (hereinafter "Plaintiffs") Complaint arises as

6 result of the Plaintiff's purchase of an automobile from named Defendant, KIA

Autosport of Columbus (hereinafter "KIA"). The undisputed evidence of record reveals

that on September 30, 2009, the Plaintiffs in connection with purchasing a vehicle from

KIA, entered into an agreement. Each signed a "Vehicle Buyer's Order", "Applicant's

Credit Statement", and "Retail Installment Agreement" (hereinafter collectively the

'Contract"). In furtherance of the Contract the Plaintiffs provided KIA with their credit

information, including their names, social security numbers, occupations and salaries.

KIA subsequently provided the Plaintiffs' credit information to SunTrust Banking to

James It Thomas Jr,
Sabrina It Thomas,
v.
Kia Auto Sport of Columbus, INC. &
SunTrust Bank
I 1-CV-154
Chattahoochee County Superior Court

2
secure financing for the vehicle. SunTrust Bank approved the Plaintiffs for financing and

Plaintiffs on November 9, 2009 signed up for SunTrust's autopay program to make

payments to SunTrust in relation to the financing for the vehicle. In August of 2010,

Plaintiffs' sought to rescind the loan and voluntarily return the vehicle, SunTrust

repossessed the Vehicle in October of 2010 due to Plaintiffs' failure to make a payment

since July of 2010.

III. FINDINGS OF FACT AND LAW

Count II: "Identity Theft, Conspiring, Ratification of Identity

Theft & Fraud"; Count IV: "Violations of GA RICO"

First, the Court takes into account the previous order of Hon. Frank J. Jordan Jr.

dismissing all claims of Identity Theft and RICO Act Violation claimed by the Plaintiffs,

thus all arguments in relation Count II and Count IV are moot.

Count VI: "Violation of GA Fair Business Practice Act"

Plaintiff claims that Defendant violated the Georgia Fair Business Practice Act by

"opening its doors by committing and conspiring to commit identity theft fraud causing

the plaintiffs to become liable for a fraudulent auto loan at a higher price."

After reviewing the evidence before it in the light most favorable to the nonmoving

Party, the Plaintiffs, the Court finds that the Plaintiffs have not presented sufficient

evidence to show that the Defendant violated the Act. The evidence of record shows that
James K Thomas Jr,
Sabrina R Thomas,
v.
Kia Auto Sport of Columbus, INC. &
SunTrust Bank
11-CV-154
Chattahoochee County Superior Court

3
the Defendant provided financing on a vehicle that the Plaintiffs purchased from KIA. In

completing required paperwork with KIA in relation to the purchase of the vehicle,

Plaintiffs authorized KIA to send financial and identification information to third parties

in order to gain financing. Georgia Courts have held that to be successful in a claim of

iolation of the Georgia Fair Business Practice Act the Plaintiff must show "a violation

f the Act, causation, and injury."Tiismann v. Linda Martin Homes Corp., 279 Ga. 137,

139, 610 S.E.2d 68, 70 (2005). Plaintiffs have failed to show that the Defendant violated

e act and that such violation caused injury for which the Plaintiffs are entitled to relief

om the court.

For the foregoing reasons, there is no genuine issue of material fact on the claim

f "Violation of Georgia Fair Business Act" and as such Defendant is entitled to a

ummary Judgment as a matter of law as to Count VI.

Count VII: "Breach of ACS Agreement Fraud"

Plaintiffs claim that "Defendant along with co-defendant KIA altered

laintiffs' identity information without their knowledge and consent." The plaintiff also

aguely pleads that the Defendant committed fraud in relation to the ACS agreement.

After reviewing the evidence before it in the light most favorable to the nonmoving

arty, the Court finds there is no admissible evidence in the record to show that the

efendant breached the agreement between the parties. Furthermore, the Court finds that

he Plaintiff has failed to plead fraud with particularity as required by O.C.G.A. § 9-11-9
James R Thomas Jr,
Sabrina 12. Thomas,
v.
Kia Auto Sport of Columbus, INC. &
SunTrust Bank
11-CV-154
Chattahoochee County Superior Court

4
(b). The undisputed evidence shows that On October 8, 2009 the Defendant received the

Contract between KIA and the Plaintiffs dated September 30, 2009 and upon review

approved the Plaintiffs for financing of the vehicle. Subsequent to such approval the

Plaintiffs began making payments to the Defendant and set up automatic payments using

SunTrust's automatic payment system.

For the foregoing reasons, there is no genuine issue of material fact on the claim

of "Breach of ACS Agreement Fraud" and as such Defendant is entitled to a Summary

Judgment as a matter of law as to Count VII.

IV. CONCLUSION.

For the foregoing reasons, this Court hereby fmds Defendant is entitled to

judgment a matter of law as to all of Plaintiffs' claim and ORDERS judgment for the

Defendant on all claims.

SO ORDERED this day of October, 2019.

• '
A'
A'! gir Katherv/ier
•

f on a: 1 m . Lumsden
Judge, Superior Court
Houston Judicial Circuit

James R Thomas Jr,

Sabrina R. Thomas,
v.
Kia Auto Sport of Columbus, INC. &
Sun Trust Bank
I I-CV-154
Chattahoochee County Superior Court