CJ-2025-99 - Bank of America, N.A. v. Angela Kay Davis

What's This Case About?

Let’s get one thing straight: $12,000 in credit card debt. One single interest charge of $248.74. And a payoff timeline of 25 years if you only pay the minimum. This isn’t a horror movie — it’s Angela Kay Davis’s July 2024 Bank of America statement, and now it’s the centerpiece of a civil lawsuit that’s equal parts financial tragedy and dark comedy. Welcome to the American credit card industrial complex, where the math is rigged, the interest rates are predatory, and the only thing more shocking than the balance is how normal all of this has become.

So who is Angela Kay Davis? Honestly, we don’t know much. She lives on Murphy Court in Claremore, Oklahoma — a quiet town northeast of Tulsa where the cost of living is low, but apparently, the cost of being human with a credit card is sky-high. She’s not a corporation. She’s not a celebrity. She’s just… a person. A person who, at some point, opened a Bank of America credit card account — probably to cover groceries, car repairs, or maybe a medical bill that crept up when life decided to punch her in the face. And like millions of Americans, she fell behind. The last payment she made? February 21, 2024. That’s five months of silence before Bank of America pulled the plug, declared the account “charged off” on July 31, 2024, and slapped a final balance of $12,001.91 on the tombstone of her creditworthiness.

Now, let’s walk through this like we’re narrating a true crime docuseries, because honestly, the timeline reads like a slow-motion financial murder — and the victim is Angela’s bank account. She starts with a previous balance of $11,753.17. No new purchases. No fees. No cash advances. Nothing. Just… interest. And not just any interest — $248.74 in one month, all because her Annual Percentage Rate (APR) for purchases is a soul-crushing 25.49% variable. That’s not a typo. That’s modern capitalism. That single interest charge pushes her total to exactly $12,001.91 — the amount Bank of America now wants from a judge in Rogers County. And get this: her credit limit was only $11,100. She was already over the line, and the bank was still charging her interest on the overage. No fee for being over — just the quiet, relentless drip of compound interest, like a faucet left running in an abandoned house.

The bank’s argument? So simple it’s almost insulting: she broke the contract. That’s it. That’s the whole case. Allegation number one: breach of contract. Translation? “She agreed to pay us back. She didn’t. Now we want our money.” Filed on January 29, 2025, by attorney Ashton Dewayne Sears of Nelson & Kennard — a debt collection law firm that, let’s be real, probably files dozens of these a week — the petition is a masterclass in legal minimalism. No drama. No accusations of fraud. No claims she maxed out the card and fled the country. Just cold, hard numbers and a demand for judgment. They’re not asking for punitive damages. They’re not asking for a jury trial. They’re not even asking for emotional compensation. Just $12,001.91, plus court costs, plus the satisfaction of checking another file off their docket.

And what do they want? Twelve grand. Is that a lot? Well, in the world of civil lawsuits, $12,000 is the financial equivalent of a parking ticket. Not nothing, but not a headline-grabbing fortune either. For a bank, it’s a rounding error. For Angela Kay Davis? It could be a car. A year of rent. A down payment on peace of mind. But here’s the kicker: if she had paid only the minimum each month — $2,838 due in August 2024, by the way, which is more than some people’s monthly rent — she’d be looking at 25 years to pay it off. And she’d end up shelling out $30,783 in total. That’s more than double the original balance. All because she missed a few payments and the interest machine kicked into high gear.

Now, let’s talk about the real villain here — because it’s not Angela. It’s not even Bank of America, not entirely. The real villain is the system. The one that lets a credit card company charge 25.49% interest — a rate that would make a loan shark blush — and then compound it daily, like some kind of financial hydra. The one that sends a bill demanding $2,838 in a single payment while knowing full well that most Americans don’t have $400 in emergency savings, let alone three grand. The one that sends a “valued customer” message saying “we haven’t received your payment” in the same breath as “your account is restricted” — a cruel little pat on the back while the trap snaps shut.

We’re rooting for Angela? Honestly, we’re rooting for all the Angelas. The ones juggling bills, the ones one emergency away from ruin, the ones who signed a 47-page credit agreement they never read because, let’s be real, who has time to parse the fine print of financial servitude? This case isn’t about one woman’s failure to pay. It’s about a system designed to make people fail — so the banks can sue, collect, and keep the whole rotten cycle spinning. Bank of America didn’t open this account to help Angela. They opened it to make money off her — and when she couldn’t pay, they didn’t call to offer a payment plan. They called their lawyers.

So yeah, this is a routine debt collection case. But that’s what makes it so insane. It’s not some wild fraud scheme or a celebrity divorce. It’s a quiet, bureaucratic hammer coming down on an ordinary person for the crime of being poor in a country that charges interest like it’s oxygen. And the most terrifying part? This is happening right now, in courthouses across America, every single day. Angela Kay Davis is just the one who got served first.

Case Overview

$12,002 Demand Petition

Jurisdiction

District Court of Rogers County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson & Kennard

Relief Sought

$12,002 Monetary

Plaintiffs

Bank of America, N.A. business
Rep: Nelson & Kennard

Defendants

Angela Kay Davis individual

Claims

#	Cause of Action	Description
1	breach of contract	failure to make required monthly payments on a credit account

Petition Text

2,340 words

IN THE DISTRICT COURT OF ROGERS COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. ANGELA KAY DAVIS Defendant(s). Case No. PETITION COMES NOW the Plaintiff, by and through counsel, Nelson & Kennard, and herewith alleges the following and seeks redress as hereafter delineated. 1. Plaintiff is a national banking association, which transacts business within the State of Oklahoma. 2. Venue is proper in this County, as the Defendant(s) either reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County. 3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXXX3187. 4. Plaintiff’s claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment on 7/31/24, the balance due at time of default is as follows $12,001.91. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. 5. The Defendant(s) breached the Contract by failing to make the required periodic payments. 6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $12,001.91. 7. The date of the last payment made by the Defendant(s) is February 21, 2024. 8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises. WHEREFORE, Plaintiff, BANK OF AMERICA, N.A. prays for judgment against the Defendant(s), ANGELA KAY DAVIS in the amount of $12,001.91, plus all costs herein expended, including but not limited to, court costs, sheriff's fees, and special process server fees; and for such other and further relief as the Court may deem proper in the premises. Dated this January 29, 2025. Nelson & Kennard By: Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 Attorney for the Plaintiff EXHIBIT 1 BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 ANGELA KAY DAVIS 25584 MURPHY CT CLAREMORE OK 74019-4502 Customer Service Information: www.bankofamerica.com 1.800.421.2110 Mail billing inquiries to: Bank of America P.O. Box 672050 Dallas TX 75267-2050 Mail payment to: Bank of America P.O. Box 851001 Dallas TX 75285-1001 Account Summary/Payment Information Previous Balance: $11,753.17 Payments and Other Credits: $0.00 Purchases and Adjustments: $0.00 Fees Charged: $0.00 Interest Charged: $248.74 New Balance Total: $12,001.91 Total Credit Line: $11,100.00 Total Credit Available: $0.00 Cash Credit Line: $0.00 Portion of Credit Available for Cash: $0.00 Statement Closing Date: 07/18/2024 Days in Billing Cycle: 30 New Balance Total: $12,001.91 Current Payment Due: $366.00 Past Due Amount: $2,472.00 Total Minimum Payment Due: $2,838.00 Payment Due Date: 08/15/2024 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $39.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: <table> <tr> <th>If you make no additional charges using this card and each month you pay</th> <th>You will payoff the balance shown on this statement in about</th> <th>And you will end up paying an estimated total of</th> </tr> <tr> <td>Only the Total Minimum Payment</td> <td>25 years</td> <td>$30,783.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. BANK OF AMERICA P.O. BOX 851001 DALLAS TX 75285-1001 ANGELA KAY DAVIS 25584 MURPHY CT CLAREMORE OK 74019-4502 Account Number: 3187 Payment Due Date: 08/15/2024 New Balance Total: $12,001.91 Total Minimum Payment Due: $2,838.00 Enter payment amount $ For change of address/phone number, see reverse side. Make your payment online at www.bankofamerica.com or Mail this coupon along with your check payable to: Bank of America IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES - The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, and applicable transaction fees. MISCELLANEOUS - Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. The New Balance Total which appears on this statement is not a payoff amount and may be subject to additional interest charges when you pay in full after your statement closing date. Virtual cards are the digital form of your eligible physical credit cards stored within a digital wallet. © 2024 Bank of America Corporation CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance" - a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance: (1) we take the beginning balance attributable solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. For the complete terms and conditions of your account, consult your Credit Card Agreement. This account is issued and administered by Bank of America. Bank of America is a registered trademark of Bank of America Corporation. PAYMENTS - We credit mailed payments as of the date received. If the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 11:59 p.m. ET. Credit for any other payments may be delayed up to five days. Cash payments made with our tellers will only be accepted with a valid Identification (ID). No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. If you have authorized us to pay your bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space Transactions <table> <tr> <th>Transaction Date</th> <th>Posting Date</th> <th>Description</th> <th>Reference Number</th> <th>Account Number</th> <th>Amount</th> <th>Total</th> </tr> <tr> <td>07/18</td> <td>07/18</td> <td>Interest Charged</td> <td></td> <td></td> <td></td> <td>248.74</td> </tr> <tr> <td>07/18</td> <td>07/18</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td></td> <td>248.74</td> </tr> <tr> <td>07/18</td> <td>07/18</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td>07/18</td> <td>07/18</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td>07/18</td> <td>07/18</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td colspan="6">TOTAL INTEREST CHARGED FOR THIS PERIOD</td> <td>$248.74</td> </tr> </table> Total fees charged in 2024 $234.00 Total interest charged in 2024 $1,658.91 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual Interest rate on your account: <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate</th> <th>Promotional Transaction Type</th> <th>Promotional Offer ID</th> <th>Promotional Rate End Date</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charges by Transaction Type</th> </tr> <tr> <td>Purchases</td> <td>25.49%V</td> <td></td> <td></td> <td></td> <td>$ 11,872.94</td> <td>$ 248.74</td> </tr> <tr> <td>Balance Transfers</td> <td>25.49%V</td> <td></td> <td></td> <td></td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> <tr> <td>Direct Deposit and Check Cash Advances</td> <td>25.49%V</td> <td></td> <td></td> <td></td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>29.99%V</td> <td></td> <td></td> <td></td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> </table> APR Type Definitions Daily Interest Rate Type: V= Variable Rate (rate may vary) Important Messages You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due today. If you've already mailed it, thank you. Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Line. When this statement was created, the account’s Credit Line was in a restricted status and not available for use. You can request a copy of this statement in either Braille or Large Print by calling 800.432.1000 or going to bankofamerica.com and enter Visually Impaired Access from the home page. Your Reward Summary .00 Base Cash Back Earned .00 Total Cash Back Available Make the most of your rewards program today! How are we doing? Your opinion is important to us. You're invited to join the Bank of America® Advisory Panel and share what you think we're doing right—and what we need to do better. Enter code CACC at bankofamerica.com/AdvisoryPanel to learn more and join. 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