CS-2026-00103 - BANK OF AMERICA, N.A. v. KEVIN J ANDERSON

What's This Case About?

Let’s get one thing straight: Bank of America is suing a man in Oklahoma for $2,728.87 — not because he robbed a branch, not because he forged a Picasso and tried to use it as collateral, but because he didn’t pay his credit card bill. And honestly? That number — $2,728 — is so specific, so perfectly petty for a civil court showdown, it’s like the financial version of someone calling the cops because their neighbor used their Wi-Fi without asking.

Meet Kevin J. Anderson of Stroud, Oklahoma — a man whose name sounds like a minor character in a John Grisham novel who only appears to deliver exposition. He lives at 417 W 9th St, which, according to Google Maps, is either a modest home or possibly a very committed garden shed. We don’t know what Kevin does for a living, whether he collects vintage lawn gnomes or hosts underground banjo tournaments. What we do know is that at some point, he opened a Bank of America credit card account, presumably with the intention of buying things now and paying for them later. Which, let’s be honest, is the American Dream in its purest, most financially precarious form.

Bank of America, on the other hand, is not just any plaintiff. This is a multinational banking giant with more money than most small countries. Its logo is on skyscrapers. It sponsors NASCAR races. It has a jingle. And yet here we are, in the District Court of Lincoln County — a place where you can probably wave down the judge at the Waffle House — and this financial titan is asking a local court to force Kevin to pay less than three grand. It’s like Godzilla suing a goldfish for trespassing.

The story, as told in the dry, legalese poetry of the petition, goes like this: Kevin had a credit card. He used it. Then he stopped making payments. The account “charged off” on September 30, 2024 — which is banker-speak for “we’ve given up on you, emotionally and financially.” The last transaction? March 10, 2024. After that, silence. No payments. No calls. Just radio silence and a balance that sat there like a cold pizza in the fridge nobody owns up to.

Now, $2,728.87 might sound like a lot if you’re living paycheck to paycheck — and let’s be real, if you’re in small-town Oklahoma getting sued by a bank, there’s a decent chance you are. But in the grand scheme of credit card debt? This is chump change. The average American carries over $6,000 in credit card debt. Some people have that much in unpaid Amazon Prime subscriptions. Bank of America likely spends more on coffee for its legal team in a week than it’s suing Kevin for. And yet, here we are. The machine must be fed.

The claim? Breach of contract. Fancy words for “you said you’d pay, you didn’t.” There’s no allegation of fraud, no identity theft drama, no wild spending spree on yachts or alpaca wool sweaters. Just a man, a card, and a failure to send in the monthly check. The interest rate on the account? A cool 26.24% — which, for the math-averse, is the financial equivalent of setting your wallet on fire and calling it an investment strategy. That rate is brutal. It means that if Kevin had kept making only the minimum payments — which at one point was $451 (yes, more than the balance should have been at that rate) — it would’ve taken him ten years to pay off the balance, and he’d have ended up shelling out over five thousand dollars in total. That’s not debt. That’s a lifetime subscription to regret.

And let’s talk about that statement. The one attached as Exhibit 1. It’s a masterpiece of passive-aggressive corporate communication. “You’re a valued customer,” it says, while also informing him his account is restricted, he’s over his credit limit, and by the way, we haven’t received your payment. It’s like a breakup letter from someone who still wants your Netflix password. There’s even a QR code for “Better Money Habits,” as if scanning a code will magically teach Kevin the secrets of wealth while the bank sues him for not having any.

So why are they in court? Because Bank of America wants its money. Or, more accurately, it wants the principle of the matter. Or maybe it just wants to set an example. Or perhaps its algorithm spat out Kevin’s name and said, “This one looks litigious.” We don’t know. What we do know is that they’re asking for $2,728.87, plus court costs — which, depending on sheriff’s fees and process servers, could add another few hundred. Is it worth it? For the bank? Probably not, unless they’re trying to scare the rest of us into paying up. For Kevin? It’s a potential judgment that could tank his credit, lead to wage garnishment, or just be a permanent stain on his financial soul.

Now, here’s the thing: we don’t know Kevin’s side. Maybe he lost his job. Maybe he got sick. Maybe he’s disputing the charges. Maybe he sent a check that got lost in the mail. Or maybe — and hear us out — he looked at that 26.24% interest rate, did the math, and decided it was cheaper to fight in court than to pay the bank’s version of a loan shark markup. We don’t have his defense. We only have the bank’s version of events, served cold and wrapped in legalese.

But here’s our take: the most absurd part of this isn’t that a bank is suing a guy for three grand. It’s that we live in a world where a corporation with $2 trillion in assets feels the need to outsource its dunning letters to a law firm in Colorado (Nelson and Kennard, LLP, representing the bank, because of course the debt collectors have a law firm on speed dial) just to chase down a debt that wouldn’t even cover the down payment on a used Toyota Corolla.

We’re not rooting for Kevin because he’s definitely in the right. We’re rooting for him because he’s a single guy with a credit card and a dream, up against a financial Goliath that treats interest rates like they’re going out of style. We’re rooting for the idea that maybe, just maybe, the system shouldn’t crush people for small debts with big consequences. And we’re definitely rooting for the day when banks stop pretending they care about our “Better Money Habits” while charging interest rates that belong in a payday loan commercial.

So go ahead, Bank of America. Sue Kevin for $2,728.87. But next time, maybe just send a nicer reminder. Or, you know, lower the interest rate. Just a thought.

Case Overview

Petition

Jurisdiction

DISTRICT COURT, OKLAHOMA

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$2,729 Monetary

Plaintiffs

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

Defendants

KEVIN J ANDERSON individual

Claims

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

Petition Text

2,340 words

IN THE DISTRICT COURT OF LINCOLN COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. KEVIN J ANDERSON Defendant(s). Case No. CS-24-103 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 XXXXXXXXXXXX5848. 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 9/30/24, the balance due at time of default was $2,728.87. 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 $2,728.87. 7. The date of the last transaction made by the Defendant(s) is March 10, 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), KEVIN J ANDERSON in the amount of $2,728.87, 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 15204 WILMINGTON, DE 19850 KEVIN J ANDERSON 417 W 9TH ST STROUD OK 74079-2428 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 $2,728.87 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $0.00 New Balance Total $2,728.87 Total Credit Line $2,500.00 Total Credit Available $0.00 Cash Credit Line $250.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 09/16/2024 Days in Billing Cycle 31 New Balance Total $2,728.87 Current Payment Due $35.00 Past Due Amount $416.00 Total Minimum Payment Due $451.00 Payment Due Date 10/13/2024 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>10 years</td> <td>$5,424.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. Account# [Redacted] 5848 August 17 - September 16, 2024 BANK OF AMERICA P.O. BOX 851001 DALLAS TX 75285-1001 KEVIN J ANDERSON 417 W 9TH ST STROUD OK 74079-2428 Account Number: [Redacted] 5848 Payment Due Date 10/13/2024 New Balance Total $2,728.87 Total Minimum Payment Due $451.00 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="5">Interest Charged</td> <td></td> <td></td> </tr> <tr> <td>09/16</td> <td>09/16</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>09/16</td> <td>09/16</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>09/16</td> <td>09/16</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>09/16</td> <td>09/16</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>$0.00</b></td> </tr> </table> <table> <tr> <td>Total fees charged in 2024</td> <td>$229.00</td> </tr> <tr> <td>Total interest charged in 2024</td> <td>$0.00</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</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 Promotional APR</td> <td>26.24%V<br>0.00%</td> <td>PUR, WT</td> <td>LN01-20967</td> <td>07/16/2025</td> <td>$2,728.87</td> <td>$0.00</td> </tr> <tr> <td>Balance Transfers</td> <td>26.24%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>29.24%V</td> <td></td> <td></td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>29.24%V</td> <td></td> <td></td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> </table> APR Type Definitions Promotional Transaction Types: PUR = Purchase, WT = Non-Bank Wire Transfer; Daily Interest Rate Type: V= Variable Rate (rate may vary); APR Type: Promotional APR (APR for limited time on eligible transactions) 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. 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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