CS-2026-612 - American Express National Bank v. Theresa Jaco

What's This Case About?

Let’s be honest: nobody wakes up dreaming of being sued by American Express for $6,265. But here we are. Theresa Jaco of El Reno, Oklahoma, didn’t just rack up a credit card bill—she let it fester like a forgotten casserole in the back of the fridge until it became a full-blown financial science experiment. And now, the nation’s most iconic blue box of plastic justice has decided it’s time to collect. This isn’t just a debt case. This is a masterclass in how not to manage your Amex EveryDay® Credit Card.

So who is Theresa Jaco? Well, according to the filing, she’s an individual—just one person, up against the financial Goliath that is American Express National Bank. She lives at 102 S Roberts Ave in Canadian County, a modest address that probably doesn’t scream “luxury cardholder,” but hey, that’s the beauty of credit: for a while, you can pretend. The relationship between Theresa and American Express was, at some point, cordial—she opened an account, presumably got that sleek metal card (or at least the plastic version with the promise of rewards), and started swiping. But somewhere along the way, the party ended. The last payment she made? May 22, 2025. That’s over eight months before the account was officially charged off. Eight months of silence. Eight months of ignored statements. Eight months of American Express probably sending her increasingly passive-aggressive emails like, “We miss you!” while quietly adding interest and fees like a bartender ringing up a tab at last call.

What happened? Well, we don’t have Theresa’s side of the story—yet—but the documents paint a clear picture of a slow-motion financial collapse. By November 20, 2025, her balance had ballooned to $6,265.01. How? Let’s break it down. Her previous balance was $6,082.88. Then came $142.13 in interest and a $40 late fee. No new charges. No cash advances. Just the machine doing what it’s designed to do: compound interest like a Bond villain monologuing about world domination. The kicker? Her credit limit was $6,200. She wasn’t just over the limit—she was past it, floating in the financial stratosphere where APRs rule and minimum payments are a cruel joke.

And let’s talk about that minimum payment: $1,354.19. That’s not a “tighten your belt” kind of number. That’s a “sell your couch and skip rent” number. And if she’d just paid the minimum every month? The statement warns her it would take 17 years to pay it off—and she’d end up shelling out a grand total of $16,609. Let that sink in. She borrowed just over six grand and, thanks to the magic of compound interest, could have ended up paying nearly three times that. That’s not credit. That’s a time-traveling loan shark.

So why are we in court? Because American Express, after months of failed collection attempts (we assume—though the filing doesn’t say), finally said “enough.” They’re suing for breach of contract. Now, before you roll your eyes and say “duh, she didn’t pay,” let’s unpack that. A credit card agreement is a contract. You say you’ll pay, they let you spend. When you don’t pay, that’s a breach. It’s not dramatic. It’s not mysterious. It’s just cold, hard contract law. But here’s the snarky twist: American Express didn’t just wait until she missed one payment. They waited until the account was charged off—meaning they’ve written it off as a loss for accounting purposes and are now trying to recover it through legal action. This isn’t a slap on the wrist. This is the financial equivalent of sending in the repo man for a toaster.

What do they want? $6,265.01. Plus court costs. Plus attorney fees. Plus “such other and further relief as the Court may deem proper.” Translation: they want every penny, and then some. Is $6,265 a lot? In the grand scheme of credit card debt, it’s not crazy high. No private jets were purchased here. But for the average person in El Reno, Oklahoma—median household income around $55,000—it’s not nothing. That’s two months’ rent. A used car. A solid chunk of a year’s groceries. And let’s not forget: this isn’t just principal. Over $1,800 of that amount is interest and fees accrued in 2025 alone. That’s like paying for the debt and then tipping 30% on top.

Now, here’s where we take off the reporter hat and put on our petty civil court commentator visor. The most absurd part of this case isn’t that someone owes money. People do. The absurdity is in the escalation. American Express sent a statement with a warning that paying only the minimum would take 17 years and cost $16,609. They knew this was unsustainable. And yet, they kept charging interest. Kept adding fees. Kept sending statements that probably got tossed into a junk drawer or deleted from an inbox. And now they’re suing. It’s like a restaurant charging you for a meal you didn’t eat, then suing you when you don’t pay, all while printing a footnote that says “you’ll be charged interest daily and it will take 17 years to pay this off if you only make minimum payments.” The system is working exactly as designed—and that’s the problem.

Are we rooting for Theresa? Not necessarily. She clearly didn’t pay her bill. But we’re also not rooting for a billion-dollar financial institution that profits from predatory interest rates and opaque billing practices. We’re rooting for common sense. For a world where credit cards don’t turn $6,000 into a $16,000 prison sentence. For a system that doesn’t wait until someone is drowning before throwing them a lawsuit instead of a life raft.

So as Theresa Jaco faces off against the blue titan of charge cards in Canadian County District Court, one thing is clear: this isn’t just about $6,265.01. It’s about the quiet, relentless machinery of consumer debt—and how easy it is to get caught in the gears. Stay tuned. The next chapter might involve a judge, a settlement, or maybe just another late fee.

Case Overview

$6,265 Demand Petition

Jurisdiction

District Court of Canadian County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$6,265 Monetary

Plaintiffs

American Express National Bank business
Rep: Nelson and Kennard, LLP

Defendants

Theresa Jaco individual

Claims

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

Petition Text

2,770 words

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA AMERICAN EXPRESS NATIONAL BANK, Plaintiff, vs. THERESA JACO Defendant(s). Case No. CS-2026-412 LORY K. DEWEY 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 XXXXXXXXXX1008. 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 1/21/26, the balance due at time of default was $6,265.01. 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 $6,265.01. 7. The date of the last payment made by the Defendant(s) is May 22, 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), THERESA JACO in the amount of $6,265.01, 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 Amex EveryDay® Credit Card THERESA JACO Closing Date 11/20/25 Account Ending #1008 New Balance $6,265.01 Minimum Payment Due $1,354.19 Includes the past due amount of $1,109.19 Payment Due Date 12/15/25 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date of 12/15/25, 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: <table> <tr> <th>If you make no additional charges and each month you pay...</th> <th>You will pay off the balance shown on this statement in about...</th> <th>And you will pay an estimated total of...</th> </tr> <tr> <td>Only the Minimum Payment Due</td> <td>17 years</td> <td>$16,609</td> </tr> </table> If you would like information about credit counseling services, call 1-888-733-4139. See page 2 for important information about your account. Your account is past due. Please refer to the IMPORTANT NOTICES section. Customer Care: 1-800-635-5955 TTY: Use Relay 711 Website: americanexpress.com Visit www.membershiprewards.com Account Summary <table> <tr> <th>Previous Balance</th> <td>$6,082.88</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>+142.13</td> </tr> </table> <table> <tr> <th>New Balance</th> <td>$6,265.01</td> </tr> <tr> <th>Minimum Payment Due</th> <td>$1,354.19</td> </tr> <tr> <th>Credit Limit</th> <td>$6,200.00</td> </tr> <tr> <th>Cash Advance Limit</th> <td>$0.00</td> </tr> </table> ↓ 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 #1008 Enter 15 digit account # on all payments. Make check payable to American Express. THERESA JACO 102 S ROBERTS AVE EL RENO OK 73036-2921 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 12/15/25 New Balance $6,265.01 Minimum Payment Due $1,354.19 $ ___________ • _____ 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 charge a fee of 2.70% of the converted US dollar amount. 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. 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. 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 Amex EveryDay® Credit Card THERESA JACO Closing Date 11/20/25 Customer Care & Billing Inquiries International Collect: 1-800-635-5955 Cash Advance at ATMs Inquiries: 1-800-CASH-NOW Large Print & Braille Statements: 1-800-635-5955 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 Hearing Impaired Online chat at americanexpress.com or use Relay dial 711 and 1-800-635-5955 Fees <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>11/15/25</td> <td>Late Payment Fee</td> <td>$40.00</td> </tr> <tr> <td colspan="2">Total Fees for this Period</td> <td>$40.00</td> </tr> </table> Interest Charged <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>11/20/25</td> <td>Interest Charge on Cash Advances</td> <td>$26.54</td> </tr> <tr> <td>11/20/25</td> <td>Interest Charge on Purchases</td> <td>$115.59</td> </tr> <tr> <td colspan="2">Total Interest Charged for this Period</td> <td>$142.13</td> </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>$349.00</td> </tr> <tr> <td>Total Interest in 2025</td> <td>$1,485.71</td> </tr> </table> Interest Charge Calculation <table> <tr> <th></th> <th>Transactions Dated From To</th> <th>Annual Percentage Rate</th> <th>Balance Subject to Interest Rate</th> <th>Days in Billing Period: 30</th> <th>Interest Charge</th> </tr> <tr> <td>Purchases</td> <td>03/09/2025</td> <td>29.99% (v)</td> <td>$317.52</td> <td></td> <td>$7.83</td> </tr> <tr> <td>Purchases</td> <td>03/09/2024 - 03/08/2025</td> <td>27.74% (v)</td> <td>$3,621.46</td> <td></td> <td>$82.57</td> </tr> <tr> <td>Purchases</td> <td>03/10/2022 - 03/08/2024</td> <td>27.74% (v)</td> <td>$1,104.72</td> <td></td> <td>$25.19</td> </tr> <tr> <td>Cash Advances</td> <td>03/09/2025</td> <td>29.99% (v)</td> <td>$0.00</td> <td></td> <td>$0.00</td> </tr> </table> Continued on reverse Interest Charge Calculation Continued 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</th> <th>Annual Percentage Rate</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Cash Advances<br><br>From: 01/23/2015<br>To: 03/08/2024</td> <td>28.99% (v)</td> <td>$1,114.18</td> <td>$26.54</td> </tr> <tr> <th>Total</th> <th></th> <th></th> <th>$142.13</th> </tr> </table> (v) Variable Rate 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 questions. 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. End of Important Notices.