CS-2026-00149 - BANK OF AMERICA, N.A. v. LORI ARSENAULT

What's This Case About?

Let’s be honest: no one wakes up dreaming of a thrilling Tuesday at the Delaware County Courthouse. But sometimes, the legal system serves up a drama so deliciously mundane, so quietly catastrophic, that you can’t help but lean in. Like when a multibillion-dollar bank sues a woman in rural Oklahoma for $3,978.10—less than the average American spends on coffee in a year—and treats it like the fall of Rome. That’s right: Bank of America vs. Lori Arseneault. The fate of democracy may hang in the balance. Or at least the fate of one very overdrawn credit card.

So who are these players in this high-stakes game of financial chicken? On one side, we’ve got Bank of America, N.A.—a financial Goliath with more zeroes in its balance sheet than most of us have in our checking accounts after rent. This is a bank that once survived a government bailout, a series of congressional hearings, and a viral meme about hiding money in a vault under a pyramid. And now? It’s come to Oklahoma. To Delaware County, to be exact. A place where the deer outnumber the lawyers, and the main export is probably bass fishing stories. And standing across from this corporate titan is Lori Arseneault, a woman whose full life story we don’t know, but whose last known address is a quiet stretch of Old Dike Road in Grove, Oklahoma—a town so small it doesn’t even have a stoplight that works. She’s not represented by a lawyer. She’s not firing off counterclaims. As of this filing, she’s just… there. A single name on a petition, caught in the machine.

Now, let’s walk through the crime scene. Or, more accurately, the credit scene. According to the bank’s own paperwork, Lori opened a credit card account—details redacted, but we can assume it came with the usual fanfare: 0% intro APR for 18 months, free tote bag if you sign up at the mall kiosk, that sort of thing. At some point, she started using it. Purchases were made. Payments were due. And then—plot twist—she stopped paying. The last payment she made? August 5, 2024. After that? Crickets. The account was officially “charged off” on November 30, 2024, meaning the bank decided it wasn’t getting its money back and wrote it off as a loss. Except—plot twist #2—they still want the money. Because in the wild world of debt collection, “charged off” doesn’t mean “forgiven.” It means “we’re giving up on nice, but not on suing.”

The balance? $3,978.10. Let’s break that down, because it’s a masterclass in how credit cards quietly bleed you dry. The original balance was $3,888.80. Then came $89.30 in interest—just for that one billing cycle. And get this: the statement shows that if you only pay the minimum, it would take 14 years to pay off that balance, and you’d end up shelling out nearly $10,000 in total. That’s like buying a used car and paying for three of them over time. The interest rates? A cool 26.74% on purchases and balance transfers. That’s not a credit card. That’s a loan shark with a website and a customer service number.

Now, why are we in court? Because the bank says Lori broke the contract. Simple as that. She agreed to pay, she didn’t pay, and now they want a judge to say, “Yep, she owes it.” Legally, this is called breach of contract—a term that sounds way more dramatic than it is. It’s not like she stole a painting or ran over their mascot. She just didn’t send a check. But in the eyes of the law, a credit card agreement is a binding promise, and when you ghost your payments, the courts are the last resort for enforcement. No punitive damages. No demands for her to scrub the bank’s floors. Just the money, plus fees. The bank even itemizes what they want: court costs, sheriff’s fees, process server fees—the whole bureaucratic buffet of small claims drama.

And what do they want? $3,978.10. Is that a lot? In the grand scheme of things, no. It’s less than a decent used car down payment. It’s about six months of rent in Grove, Oklahoma. But for someone living paycheck to paycheck—someone who might’ve used that card for groceries, car repairs, or a medical emergency after the dog ate the couch and the vet bill came due—it’s a mountain. And here’s the kicker: the bank isn’t asking for interest beyond the date of default. They’re not trying to bleed her dry for another decade. They just want what was owed when they gave up. Which, in a twisted way, is almost… reasonable? For a debt collector.

But let’s talk about the absurdity here. A national bank, with assets larger than some countries, hires a law firm in Colorado to file a lawsuit in Oklahoma over four grand. The attorney handling this, Ashton Dewayne Sears of Nelson and Kennard, LLP, is probably processing dozens of these a day. This isn’t personal. It’s not even about Lori. It’s about the system—a well-oiled machine that churns out lawsuits like a factory line, each one a carbon copy of the last. The petition is boilerplate. The facts are generic. The defendant’s name is literally in all caps like she’s being scolded by the page. And yet—some human being opened this letter. Maybe Lori did. Maybe she’s stressed. Maybe she forgot. Maybe she’s broke. Maybe she’s sick. We don’t know. The filing doesn’t care.

And that’s the real story here. Not the debt. Not the breach. It’s the sheer, soul-crushing scale of it all. A woman in a quiet Oklahoma town, living her life, gets caught in a financial trap designed by algorithms and fine print, and the response isn’t compassion—it’s a lawsuit drafted by a robot and signed by a lawyer who’s never met her. We’re rooting for fairness. We’re rooting for the little guy. But mostly, we’re rooting for someone—anyone—to ask: Is this really the best we can do? Because if justice looks like a $4,000 debt collection form stamped “filed,” then maybe the real default isn’t on the credit card. It’s on the system.

Case Overview

$3,978 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$3,978 Monetary

Plaintiffs

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

Defendants

LORI ARSENAULT individual

Claims

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

Petition Text

2,236 words

IN THE DISTRICT COURT OF DELAWARE COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. LORI ARSENAULT 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 current creditor as of the date of default are XXXXXXXXXXXXXX3828. 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 11/30/24, the balance due at time of default was $3,978.10. 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 $3,978.10. 7. The date of the last payment made by the Defendant(s) is August 5, 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), LORI ARSENAULT in the amount of $3,978.10, 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 February 2, 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 BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 LORI ARSENAULT 3110 OLD DIKE RD GROVE OK 74344-5513 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 $3,888.80 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $89.30 New Balance Total $3,978.10 Total Credit Line $3,500.00 Total Credit Available $0.00 Cash Credit Line $350.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 11/07/2024 Days in Billing Cycle 31 New Balance Total $3,978.10 Current Payment Due $128.00 Past Due Amount $570.00 Total Minimum Payment Due $698.00 Payment Due Date 12/04/2024 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. 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>14 years</td> <td>$9,846.00</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. 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 colspan="6">Interest Charged</td> <td></td> </tr> <tr> <td>11/07</td> <td>11/07</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>27.84</td> <td></td> </tr> <tr> <td>11/07</td> <td>11/07</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>61.46</td> <td></td> </tr> <tr> <td>11/07</td> <td>11/07</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>11/07</td> <td>11/07</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td colspan="6">TOTAL INTEREST CHARGED FOR THIS PERIOD</td> <td>$89.30</td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$69.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$341.60</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>26.74%V</td> <td></td> <td></td> <td></td> <td>$1,225.78</td> <td>$27.84</td> </tr> <tr> <td>Balance Transfers</td> <td>26.74%V</td> <td></td> <td></td> <td></td> <td>$2,706.04</td> <td>$61.46</td> </tr> <tr> <td>Direct Deposit and Check Cash Advances</td> <td>29.49%V</td> <td></td> <td></td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>29.49%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. Go paperless today! - Help reduce the risk of lost, delayed or stolen mail - View your statements securely and easily - online or from our mobile app - 24/7 from almost anywhere* Simply use our Mobile Banking app or sign in to Online Banking at bankofamerica.com. 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