IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
AMERICAN EXPRESS NATIONAL BANK,
Plaintiff,
vs.
LOWELL ADAMS AKA TODD ADAMS
Defendant(s).
Case No.
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 original creditor as of the date of default are XXXXXXXXXXXX1004.
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 7/25/25, the balance due at time of default was $36,663.46. 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 $36,663.46.
7. The date of the last payment made by the Defendant(s) is January 19, 2025.
8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK prays for judgment against the Defendant(s), LOWELL ADAMS AKA TODD ADAMS in the amount of $36,663.46, plus all costs herein expended, including but not limited to, court costs, sheriff's fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises.
Dated this January 27, 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
Delta SkyMiles® Gold C
TODD ADAMS
Closing Date 05/25/25
Account Ending #1004
New Balance $36,663.46
Minimum Payment Due $6,526.89
Includes the past due amount of $5,186.42
Payment Due Date 06/19/25
Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date of 06/19/25, you may have to pay a late fee of up to $40.00 and your APRs may be increased to the Penalty APR of 29.99%.
Minimum Payment Warning: If you have a Non-Plan Balance and make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your Non-Plan Balance. For example:
If you make no additional charges and each month you pay...
You will pay off the balance shown on this statement in about...
And you will pay an estimated total of...
Only the Minimum Payment Due 32 years $111,567
To view your Delta SkyMiles® balance, visit delta.com
Customer Care: 1-800-430-1000
TTY: Use Relay 711
Website: americanexpress.com
Account Summary
<table>
<tr>
<th>Previous Balance</th>
<td>$35,732.98</td>
</tr>
<tr>
<th>Payments/Credits</th>
<td>-$0.00</td>
</tr>
<tr>
<th>New Charges</th>
<td>+0.00</td>
</tr>
<tr>
<th>Fees</th>
<td>+40.00</td>
</tr>
<tr>
<th>Interest Charged</th>
<td>+890.48</td>
</tr>
</table>
New Balance $36,663.46
Minimum Payment Due $6,526.89
Credit Limit $35,000.00
Cash Advance Limit $0.00
If you would like information about credit counseling services, call 1-888-733-4139.
See page 2 for important information about your account.
Please refer to the IMPORTANT NOTICES section.
↓Please fold on the perforation below, detach and return with your payment↓
Payment Coupon
Do not staple or use paper clips
Pay by Computer
americanexpress.com/pbc
Pay by Phone
1-800-472-9297
Account Ending #1004
Enter 15 digit account # on all payments.
Make check payable to American Express.
TODD ADAMS
9410 E 118TH PL S
JENKS
BIXBY OK 74008-1792
See reverse side for instructions on how to update your address, phone number, or email.
AMERICAN EXPRESS
PO BOX 6031
CAROL STREAM IL 60197-6031
Payment Due Date 06/19/25
New Balance $36,663.46
Minimum Payment Due $6,526.89
Amount Enclosed $___________
*
Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid.
Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day.
How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Care number on page 3 for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest.
Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay each month your entire balance (or Adjusted Balance if applicable) by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date.
Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use.
Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more.
Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
American Express, PO Box 981535, El Paso TX 79998-1535
You may also contact us on the Web: www.americanexpress.com
In your letter, give us the following information:
- Account Information: Your name and account number.
- Dollar amount: The dollar amount of the suspected error.
- Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing (or electronically). You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error, the following are true:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:
American Express, PO Box 981535, El Paso TX 79998-1535
www.americanexpress.com
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Change of Address, phone number, email
- Online at www.americanexpress.com/updatecontactinfo
- Via mobile device
- Voice automated: call the number on the back of your card
- For name, company name, and foreign address or phone changes, please call Customer Care
Please do not add any written communication or address change on this stub
Pay Your Bill with AutoPay
Deduct your payment from your bank account automatically each month.
- Avoid late fees
- Save time
Visit americanexpress.com/autopay today to enroll.
For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy.
Delta SkyMiles® Gold Card
TODD ADAMS
Closing Date 05/25/25
Customer Care & Billing Inquiries
International Collect
Cash Advance at ATMs Inquiries
Large Print & Braille Statements
SkyMiles Account Balance and Award Redemption
delta.com/skymiles
Hearing Impaired
Online chat at americanexpress.com or use Relay dial 711 and 1-800-430-1000
1-800-430-1000
1-336-393-1111
1-800-CASH-NOW
1-800-430-1000
1-800-325-3999
Website: americanexpress.com
Customer Care & Billing Inquiries
P.O. BOX 981535
EL PASO, TX
79998-1535
Payments
PO BOX 6031
CAROL STREAM IL
60197-6031
Fees
<table>
<tr><th></th><th>Amount</th></tr>
<tr><td>05/19/25 Late Payment Fee</td><td>$40.00</td></tr>
<tr><th>Total Fees for this Period</th><th>$40.00</th></tr>
</table>
Interest Charged
<table>
<tr><th></th><th>Amount</th></tr>
<tr><td>05/25/25 Interest Charge on Cash Advances</td><td>$11.57</td></tr>
<tr><td>05/25/25 Interest Charge on Purchases</td><td>$878.91</td></tr>
<tr><th>Total Interest Charged for this Period</th><th>$890.48</th></tr>
</table>
About Trailing Interest
You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing interest". Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens, we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full (or if you have a Plan balance, by paying your Adjusted Balance on your billing statement) by the due date each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details.
2025 Fees and Interest Totals Year-to-Date
<table>
<tr><th></th><th>Amount</th></tr>
<tr><td>Total Fees in 2025</td><td>$129.14</td></tr>
<tr><td>Total Interest in 2025</td><td>$3,560.41</td></tr>
</table>
Interest Charge Calculation
Days in Billing Period: 31
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Variable APRs will not exceed 29.99%.
<table>
<tr>
<th>Transactions Dated From To</th>
<th>Annual Percentage Rate</th>
<th>Balance Subject to Interest Rate</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Purchases<br>11/14/2021<br></td>
<td>28.99% (v)</td>
<td>$35,707.63</td>
<td>$878.91</td>
</tr>
<tr>
<td>Cash Advances<br>06/25/2005<br></td>
<td>29.49% (v)</td>
<td>$462.06</td>
<td>$11.57</td>
</tr>
<tr>
<th colspan="3">Total!</th>
<th>$890.48</th>
</tr>
</table>
(v) Variable Rate
Miles Earned
SkyMiles* Account Number: XXXXX9202
<table>
<tr>
<th></th>
<th>Current Period</th>
<th>Year to Date</th>
</tr>
<tr>
<td>Miles Earned for Eligible Purchases</td>
<td>0</td>
<td>2,563</td>
</tr>
<tr>
<td>Total Bonus Miles Earned and Adjustments</td>
<td>0</td>
<td>395</td>
</tr>
<tr>
<td>Total Miles Earned</td>
<td>0</td>
<td>2,958</td>
</tr>
</table>
IMPORTANT NOTICES
EFT Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay. You may also write us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso TX 79998-1531, or contact us online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.