CJ-2025-4 - BANK OF AMERICA, N.A. v. PHILLIP L NICKEL

What's This Case About?

Let’s cut right to the chase: Bank of America is suing a guy named Phillip L. Nickel for $20,306.81—because he didn’t pay his credit card bill. That’s it. That’s the whole case. No murder, no embezzlement, no dramatic betrayal. Just a man, a maxed-out Visa Signature card, and a financial avalanche that snowballed into a lawsuit filed in Tulsa County District Court. And yet, if you squint just right, this isn’t just about credit limits and interest charges—it’s a modern American tragedy disguised as a boilerplate debt collection petition. Grab your popcorn. Or maybe your budget planner. Either way, let’s dive in.

So who are we talking about here? On one side, you’ve got Bank of America, N.A.—one of the largest financial institutions in the world, a corporate titan with more lawyers than most people have pairs of socks. They’re represented by Nelson & Kennard, a debt-collection law firm that probably files cases like this before breakfast. On the other side? Phillip L. Nickel, a Tulsa man whose name sounds like it was pulled from a 1950s diner menu, now represented by the Consumer Legal Group, likely because he couldn’t afford a solo practitioner with a nicer office. The relationship between them? Classic creditor-debtor drama: Bank of America gave Phillip a credit card, he used it, and somewhere along the way, the payments stopped. Now, the bank wants its money. Simple, right? Except nothing about $20,000 in credit card debt is ever truly simple.

Here’s how it went down, according to the filing: Phillip opened a credit account—specifically, a Visa Signature card ending in 8660—and for a while, things were fine. He made purchases, racked up charges, and presumably lived his life. But then, on January 17, 2024, something changed. That was the last day he made a payment. After that? Radio silence. No more money came in. The account kept accruing interest—because of course it did—until the balance ballooned to $20,306.81. By August 31, 2024, the bank had had enough. They officially “charged off” the account, which is corporate-speak for “we’ve given up on getting paid voluntarily.” That’s when the lawsuit got filed on December 2, 2024, with a demand for the full amount, plus court costs. The exhibit attached to the petition—a final statement dated August 20, 2024—shows the grim math: a previous balance of $19,825.74, $481.07 in interest charged that month, and a grand total of $20,306.81. The card’s credit limit? $17,000. So Phillip wasn’t just over the limit—he was deep in the red, with zero available credit and a statement that reads like a financial obituary.

Now, why are they in court? Legally speaking, Bank of America is claiming breach of contract. That sounds fancy, but it’s actually pretty straightforward: when you open a credit card, you sign an agreement promising to repay what you borrow, plus interest and fees. When you stop paying, you’re technically breaking that contract. And while that might feel like a minor personal failure, in the eyes of the law, it’s a civil wrong—like returning a library book three weeks late, except instead of a $2 fine, it’s a $20,000 judgment. The bank isn’t accusing Phillip of fraud, theft, or identity impersonation. They’re not saying he went on a shopping spree with ill-gotten gains. They’re just saying: “You agreed to pay. You didn’t. Now we want the money.” It’s capitalism in its purest, most impersonal form.

And what do they want? $20,306.81. Plus court costs. That’s the number, and it’s not small change. For context, that’s more than the average American spends on rent in a year. It’s enough to buy a used car, cover a year of community college, or pay off a significant chunk of student loans. But in the world of credit card debt, it’s not unheard of. What’s wild isn’t the amount—it’s what got us there. That final statement shows an APR of 28.24% on purchases. That’s not a typo. Twenty-eight percent. Per year. And in the 31-day billing cycle ending August 20, 2024, Phillip was charged $481.07 in interest alone—on a balance that wasn’t even growing from new purchases. It was just rotating, like a hamster wheel of compounding debt. The statement even includes a terrifying little table: if you only make the minimum payment, it’ll take 30 years to pay off, and you’ll end up shelling out over $55,000 in total. That’s more than double the original balance. The credit card company basically says, “Hey, just so you know, if you keep doing what you’re doing, you’ll die before this is paid off.” And then they sue you for not paying it fast enough. The irony is thicker than a payday loan contract.

So what’s our take? Look, we’re not here to judge Phillip Nickel. Maybe he lost his job. Maybe he got sick. Maybe he made some bad choices, or maybe life just ambushed him. The point is, this case isn’t really about him—it’s about a system that lets interest rates hover near 30%, that sends “helpful” messages about credit counseling right next to demands for $5,000 in overdue payments, and that treats a $20,000 debt like a moral failing rather than a financial reality for millions of Americans. Bank of America isn’t some shadowy villain—they’re operating within the law. But the law in this case feels less like justice and more like a collection algorithm with a judge’s robe. The most absurd part? That this is considered routine. That thousands of these cases get filed every day across the country, each one a quiet, paper-cut tragedy of modern finance. We’re rooting for accountability—but not necessarily Phillip’s. We’re rooting for a system where you don’t get sued for falling behind on a debt that grew faster than your ability to pay it. Where the fine print doesn’t eat you alive. But hey, that’s not how the game works. So for now, the court date looms, the balance stands, and Phillip L. Nickel is just one more name in the endless scroll of Americans buried under the weight of a credit card statement. And Bank of America? They’ll be waiting—with a spreadsheet and a lawyer named Ashton.

Case Overview

$20,307 Demand Petition

Jurisdiction

District Court of Tulsa County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson & Kennard

Relief Sought

$20,307 Monetary

Plaintiffs

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

Defendants

PHILLIP L NICKEL individual
Rep: CONSUMER LEGAL GROUP

Claims

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

Petition Text

2,325 words

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. PHILLIP L NICKEL 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 XXXXXXXXXXXXXX8660. 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 $20,306.81. 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 $20,306.81. 7. The date of the last payment made by the Defendant(s) is January 17, 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), PHILLIP L NICKEL in the amount of $20,306.81, 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 PHILLIP L NICKEL CONSUMER LEGAL GROUP CS-#5013 MILLVILLE NJ 08332 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 15019 Wilmington DE 19886-5019 Visa Signature® Account# 8660 July 21 - August 20, 2024 Account Summary/Payment Information Previous Balance $19,825.74 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $481.07 New Balance Total $20,306.81 Total Credit Line $17,000.00 Total Credit Available $0.00 Cash Credit Line $2,400.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 08/20/2024 Days in Billing Cycle 31 New Balance Total $20,306.81 Current Payment Due $679.00 Past Due Amount $4,475.00 Total Minimum Payment Due $5,154.00 Payment Due Date 09/17/2024 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>30 years</td> <td>$55,528.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 PHILLIP L NICKEL CONSUMER LEGAL GROUP CS-#5013 MILLVILLE NJ 08332 Account Number: 8660 Payment Due Date: 09/17/2024 New Balance Total: $20,306.81 Total Minimum Payment Due: $5,154.00 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 colspan="6"><b>Interest Charged</b></td> <td></td> </tr> <tr> <td>08/20</td> <td>08/20</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>481.07</td> <td></td> </tr> <tr> <td>08/20</td> <td>08/20</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>08/20</td> <td>08/20</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>08/20</td> <td>08/20</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>$481.07</b></td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$223.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$3,481.56</th> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate</th> <th>Promotional Transaction Type</th> <th>Promotional Offer ID</th> <th>Promotional Rate End Date</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charges by Transaction Type</th> </tr> <tr> <td>Purchases</td> <td>28.24%V</td> <td></td> <td></td> <td></td> <td>$ 20,057.52</td> <td>$ 481.07</td> </tr> <tr> <td>Balance Transfers</td> <td>28.24%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>$ 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 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! 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! 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