CJ-2024-4145 - CAPITAL ONE, N.A. v. DIONNIE L GARR

What's This Case About?

Let’s cut right to the chase: a bank is suing a guy for $11,588.36—because he didn’t pay his credit card bill. That’s it. No stolen heirlooms, no secret affairs, no backyard wrestling ring gone wrong. Just a single, lonely credit card statement, past due, with interest piling up like dirty dishes in a college dorm. And now, because $11,588.36 apparently isn’t enough to settle over a text or a sternly worded email, we’re in court. Welcome to Crazy Civil Court, where the stakes are low, the drama is petty, and the interest rates? Oh, honey, they’re sky-high.

So who are we even talking about here? On one side, we’ve got Capital One, N.A.—not just a bank, but a National Association, which sounds like a very serious club for people who really care about balance sheets. They’re based in Virginia, sue people from Louisiana law firms, and apparently have a whole department dedicated to sending letters that say “PAST DUE” in bold, unmissable font. On the other side: Dionne L. Garr, a resident of Sapulpa, Oklahoma (population: 22,000, and now one civil defendant). We don’t know what Dionne does for a living, whether they have a pet, or if they still use the card in question to buy gas and regret it later. But we do know this: at some point, Dionne got a Capital One credit card, swiped it a few too many times, and then… stopped paying. And now, the machine has been activated.

Here’s how we got here, according to the filing—because remember, we’re not taking sides, we’re just reading the tea leaves (and the interest charges). Dionne entered into a credit agreement. That’s legalese for “signed up for a credit card and probably clicked ‘I agree’ without reading 17 pages of fine print.” Then, Dionne used the card. Purchases were made. Transactions were posted. And then—plot twist—payments were not made. The account became past due. Demands for payment were, according to Capital One, “refused.” That’s a spicy way of saying Dionne didn’t answer the phone, didn’t log in, and maybe changed their number. The balance? $11,588.36. Of that, $11,304 was the previous balance, and $284.36 was interest charged in the most recent billing cycle. But zoom out, and the real villain emerges: over the course of a year, Dionne was charged $1,876.72 in interest. That’s not chump change. That’s a vacation. That’s a used car down payment. That’s a whole lot of therapy sessions.

And let’s talk about that interest rate, because whoa. The APR on purchases? 30.24%. That’s not just high—that’s “loan shark vibes, but with better branding.” For context, the average credit card APR in 2024 is around 25%. This is above that. And it’s a variable rate, which means it can go up depending on the Prime Rate—so Dionne’s balance could’ve ballooned even more depending on economic conditions. But here’s the kicker: the statement shows zero fees this month. No late fees. No annual fee. Just pure, uncut interest. It’s like the bank said, “We don’t need to charge you extra—we’re just going to quietly grow your debt like a science experiment.”

So why are we in court? Because Capital One wants its money. Specifically, they want $11,588.36, plus court costs. That’s it. No punitive damages. No demand for an apology. No request that Dionne attend financial literacy classes (though maybe they should). This is a straightforward debt collection case—boring by legal standards, but juicy by reality TV standards. The claim? “Collection of debt.” The legal theory? “You borrowed money, you spent it, you agreed to pay it back, and now you haven’t.” It’s as simple as “I lent you five bucks for lunch, and you never paid me back”—except scaled up by 2,300 times and with a lot more fine print.

Now, is $11,588.36 a lot? Well, yes and no. It’s not a million-dollar lawsuit. It’s not even close to the kind of numbers that make headlines. But for the average American, especially in Tulsa County, where the median household income is around $60,000, that’s nearly five months of take-home pay. It’s a down payment on a house in some parts of the country. It’s enough to buy a brand-new Toyota Corolla. And yet, it’s also the kind of debt that can quietly accumulate without someone fully realizing it—especially if you’re making minimum payments, getting hit with interest, and watching the balance barely budge. This isn’t necessarily a story about reckless spending. It could be a story about medical bills. A job loss. A divorce. A pandemic. Or maybe Dionne just really liked online shopping and didn’t check the statement for a year. We don’t know. The filing doesn’t say. But the interest doesn’t care about your backstory. It just accrues.

And here’s the wildest part: Capital One isn’t even asking for attorney’s fees. Their lawyer, Roy J. Martin of Couch Lambert, LLC (yes, that’s a real law firm, and no, we don’t know if they’re related to the furniture brand), is billing hours to collect this debt, but they’re not tacking on extra costs. Either they’re doing this on a contingency basis (meaning they only get paid if they win), or Capital One has such a well-oiled debt collection machine that it’s cheaper to sue than to keep calling. And let’s not overlook the military check—yes, that’s a thing. The filing includes a statement that Dionne is “not on active duty in the military,” which is a legal requirement under the Servicemembers Civil Relief Act. That law protects active-duty troops from certain civil actions, including debt collection, while they’re serving. So before even filing, Capital One had to confirm: no, this person is not defending our country right now. They’re just defending their right to not pay their credit card bill.

Our take? The most absurd thing here isn’t the lawsuit. It’s the normalcy of it. This is not an outlier. This is not a bizarre fluke. This is how America works. Millions of people are one missed paycheck away from being sued by a faceless corporation over a credit card balance. The system is designed so that if you fall behind, the debt grows faster than you can catch up. And then, when you’re drowning? The bank sends a letter, waits a bit, and files a petition like it’s ordering takeout. There’s no drama. No confrontation. Just a cold, clean legal process that treats human financial struggle like a spreadsheet error.

Do we root for Dionne? Not because they necessarily did nothing wrong—but because the whole system feels rigged. Because 30% interest is obscene. Because “minimum payment due: $11,588.36” is a psychological warfare tactic disguised as a billing line. And because if we’re being honest, most of us have stared at a credit card statement and thought, How did it get this high? The difference is, most of us haven’t gotten sued over it—yet.

So here’s to Dionne L. Garr, the every(wo)man of American debt. May your day in court be swift, your lawyer be free, and your next statement say “$0.00 due.” And to Capital One? Y’all got your brand on a lot of wallets. Maybe ease up on the interest before you end up on our show again.

Case Overview

$11,588 Demand Petition

Jurisdiction

DISTRICT COURT, OKLAHOMA

Filing Attorney

Roy J. Martin

Couch Lambert, LLC

Relief Sought

$11,588 Monetary

Plaintiffs

CAPITAL ONE, N.A. business
Rep: Roy J. Martin, OBA# '19875'

Defendants

DIONNIE L GARR individual

Claims

#	Cause of Action	Description
1	collection of debt	Plaintiff seeks judgment against Defendant for unpaid debt of $11,588.36

Petition Text

2,345 words

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA CAPITAL ONE, N.A. ) PLAINTIFF ) ) DIONNIE L GARR ) ) DEFENDANT(S) ) PETITION Comes now the Plaintiff, CAPITAL ONE, N.A. ("Plaintiff"), and for its cause of action against the Defendant(s) alleges and states as follows: 1. Plaintiff, CAPITAL ONE, N.A., is and at all times relevant to this action has been a National Association. 2. That the Defendant(s) herein is a resident of Tulsa County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 3. DIONNIE L GARR entered into a credit agreement with CAPITAL ONE, N.A., Defendant's use of the card to make purchases constitutes his/her acceptance to the terms and conditions set forth in said credit agreement. 4. At the time of filing, DIONNIE L GARR is justly indebted to CAPITAL ONE, N.A. in the amount of $11,588.36. 5. Counsel for Plaintiff submits that after diligent search, DIONNIE L GARR does not serve on active duty in the military. 6. CAPITAL ONE, N.A. is not requesting attorney's fees in this action. 7. The account is past due and payable; demands for payment have been refused; and there are no set-offs or counterclaims. 8. Plaintiff has complied with all the terms, conditions, and provisions of the account and is duly empowered to bring this action. 9. Plaintiff is entitled as a matter of law to a judgment in its favor and against Defendant(s), DIONNIE L GARR, for the principal amount due, being $11,588.36. 10. Attached as Exhibit 1 is an account statement showing the balance due. WHEREFORE, PREMISES CONSIDERED, Plaintiff, CAPITAL ONE, N.A., prays for judgment against the Defendant(s), DIONNIE L GARR, in the sum of $11,588.36, all costs of court, and all other relief to which the Plaintiff may be entitled. CAPITAL ONE, N.A., PLAINTIFF By: Roy J. Martin, (OBA# '19875) Couch Lambert, LLC Attorneys for Plaintiff 3501 N. Causeway Blvd., Ste. 800 Metairie, LA 70002 Telephone: (504) 838-7747 [email protected] EXHIBIT 1 Payment Information Payment Due Date For online and phone payments, the deadline is 8pm ET. PAST DUE New Balance Minimum Payment Due $11,588.36 $11,588.36 Account Summary Previous Balance $11,304.00 Payments $0.00 Other Credits $0.00 Transactions + $0.00 Cash Advances + $0.00 Fees Charged + $0.00 Interest Charged + $284.36 New Balance = $11,588.36 Available Credit (as of Jul 03, 2024) N/A Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account at capitalone.com Customer Service: 800-227-4825 See reverse for Important Information DIONNIE L GARR PO BOX 172 SAPULPA, OK 74067-0172 Payment Due Date: Past Due Account ending in 8884 New Balance Minimum Payment Due Amount Enclosed $11,588.36 $11,588.36 $__________ Please send us this portion of your statement and only one check (or one money order) payable to Capital One to ensure your payment is processed promptly. Allow at least seven business days for delivery. How can I Avoid Paying Interest Charges? If you pay your New Balance in full by the due date each month, we will not charge interest on new transactions that post to the purchase balance. If you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special Transfers start on the transaction date. Promotional offers may allow you to pay less than the total New Balance and avoid paying interest on new transactions that post to your purchase balance. See the front of your statement for additional information. How is the Interest Charge Determined? Interest Charges accrue from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid in full. Interest accrued during a Billing Cycle posts to your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior month. Once you start accruing Interest Charges, you generally must pay your New Balance in full two consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions). 1. First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was non zero or credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges for all segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service fewer than 40 days after the annual membership Fee was assessed to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account. Pay online at capitalone.com Pay using the Capital One mobile app Customer Service 800-227-4825 Changing your mailing address? You can change your address by signing into your account online or by calling Customer Service. Any written request on this form will not be honored. How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs. Billing Rights Summary (Does not Apply to Small Business Accounts) 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: P.O. Box 30285, Salt Lake City, UT 84130-0285. 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. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. 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 until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: 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, the following must be true: 1) 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; and 2) 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 at: P.O. Box 30285, Salt Lake City, UT 84130-0285. 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. © 2023 Capital One. Capital One is a federally registered service mark ETC-08 07/13/2023 How do I Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? ◆ For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. ◆ For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Transactions Visit capitalone.com to see detailed transactions. DIONNIE L GARR #8884: Payments, Credits and Adjustments <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> DIONNIE L GARR #8884: Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> Fees <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> Total Fees for This Period $0.00 Interest Charged <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>Interest Charge on Purchases</td> <td></td> <td>$284.36</td> </tr> <tr> <td>Interest Charge on Cash Advances</td> <td></td> <td>$0.00</td> </tr> <tr> <td>Interest Charge on Other Balances</td> <td></td> <td>$0.00</td> </tr> <tr> <td>Total Interest for This Period</td> <td></td> <td>$284.36</td> </tr> </table> Totals Year-to-Date <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>Total Fees charged</td> <td></td> <td>$80.00</td> </tr> <tr> <td>Total Interest charged</td> <td></td> <td>$1,876.72</td> </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 (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charged</th> </tr> <tr> <td>Purchases</td> <td>30.24% D</td> <td>$11,440.84</td> <td>$284.36</td> </tr> <tr> <td>Cash Advances</td> <td>34.24% D</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Variable APRs: If you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below. <table> <tr> <th>Code next to your APR(s)</th> <th>How do we calculate your APR(s)?</th> <th>When your APR(s) will change</th> </tr> <tr> <td>P</td> <td>Prime Rate + margin</td> <td>The first day of the Billing Cycles that end in Jan., April, July and Oct.</td> </tr> <tr> <td>L</td> <td>3 month LIBOR + margin</td> <td></td> </tr> <tr> <td>D</td> <td>Prime Rate + margin</td> <td>The first day of each Billing Cycle</td> </tr> <tr> <td>F</td> <td>1 month LIBOR + margin</td> <td></td> </tr> </table> Protect yourself from scams. When dealing with uninvited contacts from people, businesses, or social networking sites, always use caution. www.capitalone.com/stopscoms