CS-2026-00062 - BANK OF AMERICA, N.A. v. ALLEN MOSS

What's This Case About?

Let’s be honest: you don’t expect to wake up one morning and find out that Bank of America has dragged you to court over $2,732.33 — especially when the last thing you remember is not paying your credit card bill in 2024. But welcome to the thrilling world of civil litigation, where banks sue people for less than the cost of a used car tire, and the drama unfolds not with gunshots or betrayals, but with interest charges and missed payments. Yes, folks, we’ve officially entered the courtroom arena of “I forgot to pay my credit card and now a national bank is represented by a Colorado law firm in rural Oklahoma.” And somehow, it’s both absurd and deeply relatable.

So who are these players in this high-stakes game of financial chicken? On one side, we have Bank of America, N.A., the financial titan so big it could probably buy a small country, or at least a moderately successful tech startup. They’re headquartered in Charlotte, North Carolina, but for legal purposes, they’ve outsourced their debt collection drama to Nelson and Kennard, LLP, a firm based in Lakewood, Colorado — which, let’s be real, is about as far from Fort Cobb, Oklahoma as you can get without needing a passport. Representing them is attorney Ashton Dewayne Sears, a man whose job apparently includes filing lawsuits over delinquent Visa bills while sipping coffee somewhere near the Rockies.

On the other side? Allen Moss, a regular guy living at 414 N 3rd St in Fort Cobb — a town so small it doesn’t even have a stoplight, population-wise. Allen isn’t accused of fraud, identity theft, or masterminding a credit card scam ring. No, his alleged crime? Opening a credit account, using it like a normal human being, and then… not paying it. Shocking, we know. According to the filing, Allen had a Bank of America Visa Signature card with a credit limit of $3,200. By March 2024, his balance had climbed to $3,032.33 — mostly from previous charges, plus $35.56 in interest tacked on that month. He was supposed to pay $498 by April 17, 2024. He didn’t. The account was officially “charged off” — banking code for “we’ve given up on getting paid” — on March 30, 2024. But like a zombie debt that just won’t stay buried, it rose again — this time in the form of a lawsuit filed over a year later, on February 2, 2026.

Now here’s where it gets weird. The petition says Allen made a payment on August 27, 2025 — over a year after the account was charged off. Which raises so many questions. Did he get a windfall? Did he finally clean out his junk drawer and find an old check? Did he receive a threatening letter and panic-pay $300 just to make the emails stop? The filing doesn’t say. But mathematically, it checks out: original balance at default was $3,032.33, current claim is $2,732.33 — a $300 difference. So someone paid something, somewhere. But not enough. And in the eyes of the law (or at least Bank of America’s legal department), that still counts as a breach of contract.

Which brings us to why they’re in court. The claim? Breach of contract — a legal way of saying, “You agreed to pay us, and you didn’t.” There’s no allegation of fraud, no dispute over identity, no claim that Allen went on a shopping spree he never authorized. This isn’t Identity Thief: The Musical. This is far more mundane: a credit agreement was signed (probably online, with a quick click through 47 pages of fine print), payments were missed, and now the bank wants its money. The contract, the interest, the late fees — all standard credit card fare. And yes, the bank is charging interest at a variable rate of 14.85%, which may not sound outrageous until you realize that if you only pay the minimum, you’ll end up shelling out over $3,700 to clear a $3,000 balance. That’s capitalism, baby.

So what does Bank of America actually want? A judgment for $2,732.33, plus court costs, sheriff’s fees, and “such other and further relief as the Court may deem proper.” Which, in non-lawyer speak, means: “Please make this man pay us back, and if you could add a few extra dollars for the inconvenience of having to sue him from another state, that’d be great.” Now, is $2,732 a lot? In the grand scheme of credit card debt, it’s not catastrophic — it’s less than a month’s rent in most cities, less than a decent laptop, less than a single dental implant. But for someone living in Fort Cobb, Oklahoma, where the median household income hovers around $50,000, it’s not exactly pocket change either. It’s the kind of sum that can mean groceries for six months, or a car repair, or — if ignored — a ding on your credit score that follows you like a bad Yelp review.

And yet, here we are. A national bank, worth hundreds of billions, has hired a Colorado law firm to sue an individual in Oklahoma over an amount so small it wouldn’t even cover the legal fees if this went to trial. Which begs the question: Why? Is this really about the money? Or is it about precedent? About sending a message? Or is it just the automated churn of a debt collection machine so massive that it can’t stop itself — like a Roomba that keeps bumping into the wall, but keeps going because nobody unplugged it?

Our take? The most absurd part isn’t that Allen Moss didn’t pay his bill. It’s that Bank of America is treating a $2,700 debt like it’s a national security threat. This isn’t a case about justice. It’s about scale. It’s about a financial institution so large that suing individuals for tiny sums — across dozens of states, hundreds of counties — becomes a cost-effective strategy. One win pays for ten lawsuits. And even if Allen fights it, even if he shows up with a notarized letter from his grandmother explaining he lost his job, the system is built to favor the plaintiff. Default judgments are common. People don’t show up. Lawyers file templates. Judges stamp approvals.

But here’s where we side-eye the whole operation: if Bank of America really wanted to be the “better bank,” maybe they’d offer a payment plan. Maybe they’d negotiate. Maybe they’d remember that their customer isn’t a spreadsheet, but a person living in a town where the biggest event of the year is probably the county fair. Instead, they sent a Colorado lawyer to file a lawsuit over a balance that, by their own statement, included a warning that paying only the minimum would take three years and cost $3,700. And now they’re mad he didn’t pay it?

So while we’re not rooting for deadbeats, we’re also not handing out trophies to billion-dollar banks that litigate like loan sharks. If Allen Moss forgot to pay his bill, okay — own it. But if Bank of America forgot to act like a human institution, well… maybe they should read their own “Better Money Habits” brochure. It’s got a QR code. Maybe scan it. Might help.

Case Overview

$2,732 Demand Petition

Jurisdiction

District Court of Caddo County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$2,732 Monetary

Plaintiffs

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

Defendants

ALLEN MOSS individual

Claims

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

Petition Text

2,297 words

IN THE DISTRICT COURT OF CADDO COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. ALLEN MOSS Defendant(s). Case No. CS-2026-62 State of Oklahoma Caddo Co. FILED 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 XXXXXXXXXXXXXX0052. 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 3/30/24, the balance due at time of default was $3,032.33. 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 $2,732.33. 7. The date of the last payment made by the Defendant(s) is August 27, 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), ALLEN MOSS in the amount of $2,732.33, 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 EXHIBIT 1 BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 ALLEN MOSS 414 N 3RD ST FORT COBB OK 73038-5800 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 Visa Signature® Account# _______ 0052 February 21 - March 20, 2024 Account Summary/Payment Information Previous Balance $2,996.77 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $35.56 New Balance Total $3,032.33 Total Credit Line $3,200.00 Total Credit Available $167.67 Cash Credit Line $960.00 Portion of Credit Available for Cash $167.67 Statement Closing Date 03/20/2024 Days in Billing Cycle 29 New Balance Total $3,032.33 Current Payment Due $83.00 Past Due Amount $415.00 Total Minimum Payment Due $498.00 Payment Due Date 04/17/2024 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, 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>3 years</td> <td>$3,707.00</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 ALLEN MOSS 414 N 3RD ST FORT COBB OK 73038-5800 Account Number: _____ 0052 Payment Due Date 04/17/2024 New Balance Total $3,032.33 Total Minimum Payment Due $498.00 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 5 p.m. Central. 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 credit card 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>03/20</td> <td>03/20</td> <td colspan="5">Interest Charged</td> <td></td> </tr> <tr> <td>03/20</td> <td>03/20</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>35.56</td> <td></td> </tr> <tr> <td>03/20</td> <td>03/20</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>03/20</td> <td>03/20</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>03/20</td> <td>03/20</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td colspan="7"><b>TOTAL INTEREST CHARGED FOR THIS PERIOD $35.56</b></td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$0.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$110.63</th> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate</th> <th>Promotional Transaction Type</th> <th>Promotional Offer ID</th> <th>Promotional Rate End Date</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charges by Transaction Type</th> </tr> <tr> <td>Purchases</td> <td>14.85% V</td> <td></td> <td></td> <td></td> <td>$ 3,013.89</td> <td>$ 35.56</td> </tr> <tr> <td>Balance Transfers</td> <td>14.85% 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>14.85% V</td> <td></td> <td></td> <td></td> <td>$ 0.00</td> <td>$ 0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>14.85% 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. 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! When you use the QRC feature certain information is collected from your mobile device for business purposes.