CS-2026-1464 - BANK OF AMERICA, N.A. v. WHITNEY S JONES

What's This Case About?

Let’s get one thing straight: Bank of America is suing Whitney S. Jones… for $3,595.98. Not $3,600. Not “approximately three and a half grand.” No — they want exactly three thousand, five hundred ninety-five dollars and ninety-eight cents. And they’re dragging this poor soul into the Tulsa County District Court over it. Over pennies, people. This isn’t a murder mystery, but the sheer bureaucratic audacity of suing over ninety-eight cents like it’s a matter of national security? That’s the kind of petty drama we live for.

So who are these players in this high-stakes game of financial whack-a-mole? On one side, you’ve got Bank of America, N.A., the financial Goliath with more branches than Taylor Swift has ex-boyfriends. A national banking association that probably has robots filing lawsuits while human employees sip lattes in Charlotte, North Carolina. They’re represented by Nelson and Kennard, LLP — a debt collection law firm that, let’s be honest, probably files more petitions before breakfast than most people check their DMs. On the other side? Whitney S. Jones. Just one person. No attorney listed. Probably just trying to survive in Tulsa, Oklahoma, without getting sued every time they forget to pay off a credit card. The relationship between them? Classic American tragedy: consumer and creditor, bound together by fine print, interest rates, and the unspoken understanding that someone always ends up holding the bag.

Now, let’s unpack what actually went down. Whitney opened a credit account with Bank of America — likely years ago, likely during a moment of weakness involving online shopping or an unexpected car repair. For a while, things were fine. Payments were made. The machine hummed along. But then, somewhere around January 4, 2024, the last payment was recorded. After that? Radio silence. No more money flowing in. The account started to fester like an open wound in the sun. Interest kept ticking. Fees piled up. By August 8, 2024, the balance had bloated to $3,595.98 — a number so precise it feels like a cosmic joke. The bank sent a final statement, complete with a cheerful little table showing Whitney that if they kept making only minimum payments, it would take 13 years to pay off the balance… and cost nearly $9,000 in total. That’s not a credit card bill — that’s a down payment on a used Kia. But instead of calling a financial advisor or a therapist, Bank of America called a lawyer. On August 31, 2024, the account was officially “charged off” — accounting speak for “we’ve given up pretending you’re going to pay, but we’re still coming for you.” Then, over a year later, on January 12, 2026, the lawsuit was filed. Not a call. Not a letter. A full-blown legal petition. With exhibits. With clauses. With a bar-numbered attorney signing off like this was a case about embezzlement, not a credit card balance that’s basically the cost of a decent used washer and dryer set.

Why are they in court? Because Bank of America says Whitney broke the contract. Simple as that. When you sign up for a credit card, you agree — usually by clicking “I agree” on a website you didn’t read — to make monthly payments. Whitney didn’t. That’s a breach of contract. It’s not fraud. It’s not identity theft. It’s not even a dispute over a charge for a llama grooming subscription (though we’d love to see that case). It’s just… non-payment. The most vanilla flavor of financial failure. And yet, here we are, in the District Court of Tulsa County, where a judge might one day have to rule on whether Whitney owes $3,595.98. The legal claim is as dry as a saltine cracker: breach of contract due to failure to pay. No drama. No intrigue. Just math and missed payments.

And what does Bank of America want? $3,595.98. Plus court costs. Plus “sheriff’s fees.” Plus “special process server fees.” They’re not asking for punitive damages — no “punish this person for being bad with money” clause. No injunction to stop Whitney from ever using a credit card again (though honestly, maybe that’s what Whitney needs). Just the money. Cold, hard cash. Now, is $3,600 a lot? In the grand scheme of credit card debt — no. The average American carries over $6,000 in credit card balances. But for someone living paycheck to paycheck in Tulsa? That’s two months’ rent. That’s a car transmission. That’s a lot of therapy sessions. And yet, Bank of America isn’t offering payment plans in this filing. No “we’re here to help.” No “let’s work something out.” Just a demand. A number. A lawsuit. All because Whitney didn’t send in a check.

Here’s our take: the most absurd part isn’t the amount. It’s the precision. The fact that they’re suing for $3,595.98 — right down to the penny — like it’s some sacred debt ordained by the credit card gods. This isn’t justice. This is corporate collection theater. Bank of America isn’t hurting for cash. They made $26 billion in profit last year. And yet, they’ve deployed a law firm to chase down a single individual for less than the cost of a family vacation to Disney World. Meanwhile, Whitney S. Jones is probably just trying to keep the lights on, and now has to deal with a lawsuit that could affect their credit, their job, their life — all over a debt that ballooned thanks to interest rates hovering near 30%. Let that sink in: the interest rate on cash advances is 29.99%. That’s not a loan. That’s a hostage situation.

We’re not saying people shouldn’t pay their bills. But when a bank charges interest at a rate that would make a loan shark blush, then sues over pennies like it’s a moral crusade? That’s not accountability. That’s exploitation wrapped in legal paper. We’re rooting for the human. Always. Even if they did miss a payment. Even if they’re over their credit limit. Because at the end of the day, this isn’t about $3,595.98. It’s about a system that treats people like spreadsheets — and forgets that behind every account number, there’s a person just trying to survive. And sometimes, that person just needs a break. Not a lawsuit. Definitely not one that starts with “COMES NOW the Plaintiff.” Give us a break, Bank of America. You’ve got plenty.

Case Overview

$3,596 Demand Petition

Jurisdiction

District Court of Tulsa County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$3,596 Monetary

Plaintiffs

BANK OF AMERICA, N.A. business
Rep: Nelson and Kennard, LLP

Defendants

WHITNEY S JONES individual

Claims

#	Cause of Action	Description
1	breach of contract	failure to make required monthly payments

Petition Text

2,233 words

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. WHITNEY S JONES Defendant(s). Case No. CS-2026-01464 PETITION COMES NOW the Plaintiff, by and through counsel, Nelson and Kennard, LLP, 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) reside(s) in this County at the commencement of this action. 3. The last four (4) digits of the Defendant’s account number, used by the current creditor as of the date of default are xxxxxxxxxxxxxx6868. 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 8/31/24, the balance due at time of default was $3,595.98. 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 $3,595.98. 7. The date of the last payment made by the Defendant(s) is January 4, 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), WHITNEY S JONES in the amount of $3,595.98, 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 12, 2026 Nelson and Kennard, LLP By: ________________________________ Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 [email protected] Attorney for the Plaintiff EXHIBIT 1 Account Summary/Payment Information Previous Balance $3,506.01 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $89.97 New Balance Total $3,595.98 Total Credit Line $3,000.00 Total Credit Available $0.00 Cash Credit Line $300.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 08/08/2024 Days in Billing Cycle 31 New Balance Total $3,595.98 Current Payment Due $125.00 Past Due Amount $733.00 Total Minimum Payment Due $858.00 Payment Due Date 09/05/2024 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 $40.00 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>13 years</td> <td>$8,919.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. 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. 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>08/08</td> <td>08/08</td> <td>Interest Charged</td> <td></td> <td></td> <td>17.34</td> <td></td> </tr> <tr> <td>08/08</td> <td>08/08</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>17.34</td> <td></td> </tr> <tr> <td>08/08</td> <td>08/08</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>08/08</td> <td>08/08</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>72.63</td> <td></td> </tr> <tr> <td>08/08</td> <td>08/08</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td colspan="6"><b>TOTAL INTEREST CHARGED FOR THIS PERIOD</b></td> <td><b>$89.97</b></td> </tr> </table> <table> <tr> <td>Total fees charged in 2024</td> <td>$235.00</td> </tr> <tr> <td>Total interest charged in 2024</td> <td>$372.86</td> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate</th> <th>Promotional Transaction Type</th> <th>Promotional Offer ID</th> <th>Promotional Rate End Date</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charges by Transaction Type</th> </tr> <tr> <td>Purchases</td> <td>29.24%V</td> <td></td> <td></td> <td></td> <td>$ 698.04</td> <td>$ 17.34</td> </tr> <tr> <td>Balance Transfers</td> <td>29.24%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>29.99%V</td> <td></td> <td></td> <td></td> <td>$ 2,851.31</td> <td>$ 72.63</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 Allways REWARDS SUMMARY 443833206 0 PURCHASE POINTS 0 PROMOTION POINTS 0 TOTAL POINTS EARNED VISIT WWW.ALLEGIANT.COM Make the most of your rewards program today! Better Money Habits What are your financial goals? Better Money Habits helps you make sense of your money and take charge of your financial life. 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