CJ-2026-1675 - BANK OF AMERICA, N.A. v. BENJAMIN C ESTRADA

What's This Case About?

Let’s cut right to the chase: a man in Oklahoma owes Bank of America $22,101.08 — and the bank is suing him for it. That’s it. That’s the whole case. No murder, no scandal, no dramatic car chase through the suburbs of Edmond. Just one very large credit card bill, one missed payment, and a corporate giant with a law firm in Colorado ready to drag this all the way to the District Court of Oklahoma County. Welcome to CrazyCivilCourt, where the stakes are low, the drama is petty, and the interest rates? Oh, honey, they’re sky-high.

Meet Benjamin C. Estrada, a man whose name now lives forever in the annals of civil litigation not because he robbed a bank, but because he owes one. His opponent? Bank of America, N.A., a financial institution so massive it probably has its own zip code and a private island for its executives to cry on when interest rates dip. The relationship between these two parties began, as so many do in modern America, with a credit card agreement — that mystical, 37-page document no one reads but everyone signs, like a Faustian bargain disguised as a welcome bonus with 0% APR for 18 months. At some point, Benjamin opened an account. He swiped. He borrowed. He lived that plastic life. And then, somewhere between October and November 2025, the music stopped. The last payment? April 1, 2025. April Fools’ Day, fittingly enough. Because what’s more of a joke than thinking you can pay only the minimum on a $22,000 balance and not get absolutely wrecked by compound interest?

The final straw came on November 5, 2025 — the statement closing date — when Benjamin’s account ballooned to a grand total of $22,101.08. That’s not just the purchases. That’s not even mostly the purchases. That’s interest. Glorious, compounding, insidious interest. The statement shows a previous balance of $21,696.87, and in one billing cycle, $404.21 in interest was tacked on. Let that sink in: in 31 days, the bank charged over four hundred bucks just to let Benjamin keep existing in debt. And get this — his total credit line? $19,500. He was over limit. By over $2,600. And yet, the bank didn’t charge him a fee for it. “There is no fee for being over your Total Credit Line,” the statement helpfully notes, as if that makes it all better. Thanks, Bank of America. Appreciate the mercy while you’re charging me nearly 30% APR on cash advances I didn’t even take.

Now, the legal claim here is as straightforward as a highway at midnight: breach of contract. Not a dramatic betrayal. Not a secret affair hidden in the fine print. Just a simple failure to pay what was agreed upon. Bank of America says, “You signed up. You spent. You promised to pay. You didn’t.” And boom — lawsuit. Filed February 9, 2026, by a lawyer named Ashton Dewayne Sears (yes, really), out of a firm based in Lakewood, Colorado, which raises the question: why is a Colorado law firm suing an Oklahoma man on behalf of a national bank? The answer, of course, is that debt collection is now a fully outsourced, geographically indifferent machine. Your credit card debt isn’t just sold to collectors — it’s litigated by firms hundreds of miles away, by attorneys who’ve never seen your face, never heard your side, and probably handle 400 of these cases before lunch.

The bank wants $22,101.08. That number isn’t random. It’s the balance as of the charge-off date — November 29, 2025 — when the bank officially gave up and wrote the debt off as a loss (for accounting purposes, anyway). But “charge-off” doesn’t mean “forgiven.” Oh no. It just means, “We’re done waiting. Now we’re coming for you with lawyers.” And let’s be real: $22,000 is a lot of money for a credit card bill. It’s a used car. It’s a year of rent in some parts of Oklahoma. It’s a down payment on a house, if you’re lucky. But in the context of Bank of America’s balance sheet? That’s pocket lint. This isn’t about the money — not really. It’s about precedent. It’s about sending a message: We see you. We track your payments. We compound your interest daily. And we will sue.

And yet… look at the statement. The audacity of that “Total Minimum Payment Warning” box, which casually drops the bomb that if Benjamin had just kept paying the minimum, it would take him 30 years to pay off the balance — and he’d end up shelling out $52,770.00 in total. That’s more than double what he owes now. That’s not a warning. That’s a horror story disguised as a footnote. It’s like the bank is whispering, “You thought this was bad? Just wait. It gets worse.” And then, right below it, they’re like, “Oh, and by the way, if you need help, call 866.300.5238 for credit counseling.” Wow. Thanks. Truly. You’ve been so supportive throughout this financial apocalypse you helped create.

Here’s the most absurd part: the statement is beautiful. I mean, look at it. It’s got tables. It’s got breakdowns. It’s got a section called “A STORY 250 YEARS IN THE MAKING” — a promo for a Ken Burns documentary about the American Revolution, no less — right there on a bill that’s about to ruin someone’s credit. It’s like the bank is saying, “While we’re seizing your financial future, why not reflect on the birth of democracy?” The juxtaposition is chef’s kiss. One moment you’re being told you’re over your credit limit, and the next you’re being invited to “See The American Revolution through the lens of Ken Burns.” Is this satire? Is this capitalism on performance-enhancing drugs?

We don’t know Benjamin’s side. Maybe he lost his job. Maybe he got sick. Maybe he just straight-up forgot to pay — or worse, thought he could outrun the machine. But here’s what we do know: this isn’t just about one man and one bill. It’s about a system that encourages debt, profits from interest, and then weaponizes the courts to collect. Bank of America didn’t lend Benjamin $22,000 because they believed in him. They did it because they counted on him not paying it all back — because that’s where the real money is. The interest. The fees. The legal threats. The slow, grinding machinery of financial obligation.

So where do we stand? We’re rooting for transparency. We’re rooting for that Ken Burns documentary to have a segment on predatory lending. We’re rooting for Ashton Dewayne Sears to one day look at this case and say, “Wait… why am I suing a guy for credit card debt from a Colorado office while he’s just trying to live in Edmond?” But mostly, we’re rooting for someone — anyone — to read the room, look at that $52,770 footnote, and say: This is insane.

And yet, here we are. In court. Over a credit card. Again.

Case Overview

$22,101 Demand Petition

Jurisdiction

District Court of Oklahoma County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$22,101 Monetary

Plaintiffs

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

Defendants

BENJAMIN C ESTRADA individual

Claims

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

Petition Text

2,493 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. BENJAMIN C ESTRADA 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 XXXXXXXXXX6267. 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 11/29/25, the balance due at time of default was $22,101.08. 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 $22,101.08. 7. The date of the last payment made by the Defendant(s) is April 1, 2025. 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), BENJAMIN C ESTRADA in the amount of $22,101.08, 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 9, 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 BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 BENJAMIN C ESTRADA 18717 HAVENBROOK RD EDMOND OK 73012-1232 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 $21,696.87 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $404.21 New Balance Total $22,101.08 Total Credit Line $19,500.00 Total Credit Available $0.00 Cash Credit Line $1,400.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 11/05/2025 Days in Billing Cycle 31 New Balance Total $22,101.08 Current Payment Due $621.00 Past Due Amount $4,266.00 Total Minimum Payment Due $4,887.00 Payment Due Date 12/02/2025 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>Only the Total Minimum Payment</th> <th>30 years</th> <th>$52,770.00</th> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. Account# 6267 October 6 - November 5, 2025 Account Number: 6267 Payment Due Date 12/02/2025 New Balance Total $22,101.08 Total Minimum Payment Due $4,887.00 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 you any interest on Purchases if you always pay your entire "Grace Period Balance", as defined in the next two paragraphs, by the Payment Due Date. Specifically, you will not pay interest for an entire billing cycle on Purchases if you Paid In Full the two previous Grace Period Balances on your account by their respective Payment Due Dates; otherwise, each Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date is later. We will begin accruing interest on Balance Transfers and Cash Advances on the transaction date. If you do not have an active Custom Pay Plan, your Grace Period Balance will be the New Balance Total. New Balance Total (also referred to as the "Statement Balance") is the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement, plus any adjustments for subsequently returned payments. If you have an active Custom Pay Plan, your Grace Period Balance will be the Interest Saving Balance as shown on your monthly statement plus any adjustments for subsequently returned payments. The Interest Saving Balance is your New Balance Total minus, any balances subject to a Custom Pay Plan, plus any Custom Pay Plan Payment(s) due, as shown on your monthly statement. 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 interest charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS - Monthly minimum payments are required when you carry a balance. Payments are allocated to posted balances. We will first allocate the amount of your payment equal to the Total Minimum Payment Due to any Custom Pay Plan Payment due, then to the lowest APR balances in turn (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, and finally to any Custom Pay Plan balances. 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. 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 by: (1) calculating a daily balance for each day in the current 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 current billing cycle. To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance less any Purchases assigned to an existing Custom Pay Plan; (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; (4) subtract Purchases assigned to a new Custom Pay Plan; and (5) 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 by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current 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 the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current 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, 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 the current billing cycle that had a Pre-Cycle balance, we: (1) take the beginning balance attributable solely to a Pre-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; and (3) add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. 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. 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. ©2025 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. However, mailed payments need not be sent in a return envelope if we sent you a statement without a return envelope. 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 by 11:59 p.m. ET will be credited as of the date they are made. Credit for any other payments may be delayed up to five days. Cash payments made with our tellers will only be accepted with valid identification. No payment, including those marked with paid in full or with any other restrictive words, 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. When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account (or process it as a check or paper draft). When we use information from your check to make an electronic fund transfer, 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, you must contact us at least three business days before the automatic payment is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com 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="7"><b>Interest Charged</b></td> </tr> <tr> <td>11/05</td> <td>11/05</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>404.21</td> <td></td> </tr> <tr> <td>11/05</td> <td>11/05</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>11/05</td> <td>11/05</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>11/05</td> <td>11/05</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>$404.21</b></td> </tr> </table> <table> <tr> <th>Total fees charged in 2025</th> <th>$273.00</th> </tr> <tr> <th>Total interest charged in 2025</th> <th>$4,153.28</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>21.74%V</td> <td></td> <td></td> <td></td> <td>$21,891.80</td> <td>$404.21</td> </tr> <tr> <td>Balance Transfers</td> <td>21.74%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>24.74%V</td> <td></td> <td></td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>28.49%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. A STORY 250 YEARS IN THE MAKING THE AMERICAN REVOLUTION A FILM BY KEN BURNS, SARAH BOTSTEIN & DAVID SCHMIDT See The American Revolution through the lens of Ken Burns in this exploration of the people, events and imagination that became a nation. Only on PBS starting Sun Nov 16 8/7c Learn more at bankofamerica.com/KenBurns