CS-2025-56 - BANK OF AMERICA, N.A. v. VACHE M DEBOES

What's This Case About?

Let’s cut straight to the drama: Bank of America is suing a Tulsa man for $3,029.97 — not because he robbed a vault, not because he launched a phishing scheme, but because he stopped paying his credit card bill. That’s it. That’s the crime. And now, in a move that feels like using a flamethrower to light a birthday candle, one of the largest financial institutions in the world has dragged Vache M. Deboes into court like he’s some kind of financial supervillain who single-handedly destabilized the global banking system.

But let’s back up. Who even is Vache M. Deboes? Honestly, we don’t know much. He lives at 5503 N Garrison Place in Tulsa, Oklahoma — a perfectly normal suburban address, not some secret lair where he plots credit card fraud from a dimly lit basement. He had a Bank of America credit card, account ending in 9087, with a $3,500 credit limit. He spent. He accrued interest. And then, somewhere along the line, he stopped paying. The last payment he made? November 28, 2024 — which, by the way, is after the statement date on the account, which closed on August 28, 2024. So either time travel is involved, or someone at Bank of America really needs to check their calendar.

The card was charged off — meaning the bank officially gave up on getting paid and wrote it off as a loss — on August 31, 2024. But here’s the kicker: the last payment was made three months later, in November. That’s… not how charge-offs work. Either the dates are wrong, or someone at the bank is running a very confusing accounting experiment. But hey, we’re entertainers, not accountants — so we’ll file that under “mysteries of corporate finance” and move on.

So what actually happened? According to the filing — which is basically the legal version of “he said, she said,” except “she” is a multinational bank — Vache opened a credit card, spent money, and failed to make the required monthly payments. The balance before the charge-off? $3,124.97. The amount they’re suing for? $3,029.97. That $95 difference? Probably fees, interest, or the bank’s way of saying, “We’re not mad, just disappointed… and also we want every penny.”

The statement attached to the petition shows a classic cycle of credit card dread: a previous balance of $3,061.31, no payments, no purchases, but still — interest charged: $63.66. That’s the cruel magic of credit cards: even when you stop spending, the debt keeps growing. At an APR of 24.24% for purchases — and up to 29.99% for cash advances (which, mercifully, Vache didn’t use) — that balance wasn’t just sitting there. It was compounding. It was thriving. It was living its best life while Vache presumably tried to survive in Tulsa, where the cost of living may be lower than New York, but apparently not low enough to cover a runaway credit card bill.

Now, why are they in court? Legally, Bank of America is claiming breach of contract — which sounds way more dramatic than it is. In plain English: Vache signed up for a credit card, agreed to pay it back, and didn’t. That’s the whole ballgame. No embezzlement, no identity theft, no elaborate Ponzi scheme. Just a broken promise to pay, enforced by a corporate giant with an army of lawyers. The law firm handling this? Nelson & Kennard — a debt collection firm based in Colorado, represented here by attorney Ashton Dewayne Sears, who probably files dozens of these a day while sipping lukewarm coffee and wondering if anyone still uses checks.

And what does the bank want? $3,029.97. Plus court costs. Plus fees. Plus “such other and further relief as the Court may deem proper” — which sounds suspiciously like “and also, can we get a cookie?” Is $3,000 a lot? In the grand scheme of banking, no. Bank of America reported $27 billion in profit in 2023. This lawsuit is less than a rounding error on their quarterly spreadsheet. But to Vache? It’s likely a significant sum — the kind of money that could cover rent, car repairs, or a really solid emergency fund. Instead, it’s being funneled into legal paperwork, sheriff’s fees, and the ever-spinning wheel of debt collection.

Here’s the most absurd part: the statement warns Vache that if he only makes the minimum payment every month, it will take 13 years to pay off the balance — and he’ll end up paying $6,564 in total. That’s more than double the original debt. And yet, the bank is suing him for not doing the impossible: making payments he likely couldn’t afford in the first place. It’s like a gym charging you for a year-long membership, then suing you because you stopped going — while also charging you compound interest on the unused sessions.

We’re not saying Vache didn’t agree to the terms. He did. But the whole system is built like a mousetrap: easy to get into, impossible to escape. The credit line dangles in front of you. The minimum payment seems manageable. But the interest? The fees? The compounding? That’s where the real trap snaps shut. And when someone finally stops paying, the bank doesn’t shrug and move on — no, they send in the lawyers. They file the petition. They demand their money with the solemn gravity of a Shakespearean tragedy.

Do we think Vache is a deadbeat? Probably not. Do we think Bank of America is evil for suing over $3,000? Also probably not. But is it wildly disproportionate? Absolutely. This isn’t fraud. It’s financial struggle — the kind millions of Americans face every day. And yet, here we are, in the District Court of Tulsa County, watching a one-sided showdown between a guy with a maxed-out credit card and a financial institution that could buy and sell the entire city of Tulsa without blinking.

So what are we rooting for? Honestly? We’re rooting for the system to make sense. For credit cards to be tools, not traps. For banks to offer real solutions — payment plans, forgiveness, counseling — before they whip out the lawsuit paperwork. And for Vache M. Deboes? We hope he’s okay. We hope he’s not losing sleep over this. And if he’s listening: dude, call that Better Money Habits hotline. They’ve got QR codes and everything.

Case Overview

$3,030 Demand Petition

Jurisdiction

District Court of Tulsa County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson & Kennard

Relief Sought

$3,030 Monetary

Plaintiffs

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

Defendants

VACHE M DEBOES individual

Claims

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

Petition Text

2,276 words

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. VACHE M DEBOES Defendant(s). 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 XXXXXXXXXXXXXXX9087. 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 is as follows $3,124.97. 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 $3,029.97. 7. The date of the last payment made by the Defendant(s) is November 28, 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), VACHE M DEBOES in the amount of $3,029.97, 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 December 2, 2024. Nelson & Kennard By: [Signature] 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 VACHE M DEBOES 5503 N GARRISON PL TULSA OK 74126-2676 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 $3,061.31 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $63.66 New Balance Total $3,124.97 Total Credit Line $3,500.00 Total Credit Available $375.03 Cash Credit Line $350.00 Portion of Credit Available for Cash $350.00 Statement Closing Date 08/28/2024 Days in Billing Cycle 31 New Balance Total $3,124.97 Current Payment Due $94.00 Past Due Amount $843.00 Total Minimum Payment Due $937.00 Payment Due Date 09/7/.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>13 years</td> <td>$6,564.00</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 VACHE M DEBOES 5503 N GARRISON PL TULSA OK 74126-2676 Account# 9087 July 29 - August 28, 2024 Account Number: 9087 Payment Due Date 09/25/2024 New Balance Total $3,124.97 Total Minimum Payment Due $937.00 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>08/28</td> <td>08/28</td> <td><b>Interest Charged</b></td> <td></td> <td></td> <td>63.66</td> <td></td> </tr> <tr> <td>08/28</td> <td>08/28</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>63.66</td> <td></td> </tr> <tr> <td>08/28</td> <td>08/28</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>08/28</td> <td>08/28</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>08/28</td> <td>08/28</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td colspan="4"><b>TOTAL INTEREST CHARGED FOR THIS PERIOD</b></td> <td></td> <td colspan="2"><b>$63.66</b></td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$273.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$449.66</th> </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>24.24%V</td> <td></td> <td></td> <td></td> <td>$3,091.99</td> <td>$63.66</td> </tr> <tr> <td>Balance Transfers</td> <td>24.24%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>27.24%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 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. 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. You have the power to pursue your savings, credit and general money goals with education, tools—and confidence. Scan this code to get started today at BetterMoneyHabits.com! When you use the QRC feature certain information is collected from your mobile device for business purposes.