CS-2026-00241 - BANK OF AMERICA, N.A. v. MARQUITA DEANN HUGHES

What's This Case About?

Let’s get one thing straight: Bank of America is suing a woman in Oklahoma for $3,665.07 — not because she robbed a branch, not because she forged a check, but because she didn’t pay her credit card bill. And get this — on the very same statement they’re suing over, they casually inform her that if she had paid only the minimum every month, she’d eventually cough up nearly $8,300 over 12 years. But no, instead of waiting for that beautiful debt snowball to keep rolling, they’ve decided to cut to the chase and drag her into court. Welcome to American capitalism, baby.

So who are we talking about here? On one side, we’ve got Bank of America, N.A. — yes, the same financial behemoth that survived the 2008 crash, got bailed out by taxpayers, and still manages to show up in court over a sub-$4,000 balance. Representing them is Nelson and Kennard, LLP — a debt collection law firm that, based on their caseload, probably sends more letters than love notes on Valentine’s Day. On the other side? Marquita Deann Hughes, a resident of Durant, Oklahoma — a real person, with a real address, real late fees, and now, a real lawsuit. We don’t know much about Marquita — not her job, not her income, not whether she’s been through a rough patch — but we do know this: at some point, she opened a Bank of America Visa Signature card, spent some money, and stopped paying. And now, the machine has been activated.

Here’s how we got here. Marquita had a credit card with a $3,000 limit — which, let’s be honest, isn’t exactly a gold-plated line of credit. But somehow, her balance ballooned to $3,665.07. How? Interest. Glorious, compounding, soul-crushing interest. The final statement, dated October 8, 2024 — yes, from the future, because apparently this case is time-traveling — shows a balance that includes $85.53 in interest just for that month. Her annual percentage rate? A cool 28.74% for purchases — which, for the non-financially inclined, is ludicrous. That’s nearly 30 cents in interest for every dollar you don’t pay off, every year. And if you’re wondering how that adds up, the bank helpfully includes a 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.” Then, in a move so passive-aggressive it deserves its own reality show, they lay it out: pay just the minimum? You’ll be paying for the next 12 years and shell out a grand total of $8,286. That’s more than double what she currently owes. But again — instead of letting that glorious interest train keep chugging, Bank of America says, “Nah, we’re done. Time to sue.”

The timeline is sparse but telling. The last payment Marquita made? March 4, 2024. After that — radio silence. No more payments. No more credits. Just interest piling on like snow in a Midwest winter. By October, the account was charged off — meaning the bank has officially given up on getting paid and has written it off as a loss (for accounting purposes, at least). But “charged off” doesn’t mean “forgiven.” Oh no. It just means they’ve handed it over to the legal hounds. And here we are: January 27, 2026 — yes, two years in the future — and Bank of America files a petition in Bryan County District Court, claiming breach of contract. That’s the legal way of saying, “You agreed to pay us, and you didn’t.” Simple as that. No fraud, no theft, no complicated financial scheme — just a broken promise to pay, allegedly.

Now, what does the bank want? $3,665.07. That’s it. Plus court costs — sheriff’s fees, process server fees, the whole circus. Is that a lot of money? Well, in the grand scheme of credit card debt — no. It’s less than the average American credit card balance. But for someone living paycheck to paycheck in Durant, Oklahoma? That could be rent. That could be car repairs. That could be a year’s worth of groceries. And yet, Bank of America — a company that reported $26 billion in profits in 2023 — is spending legal resources to collect this amount. They’ve hired a lawyer in Colorado (Ashton Dewayne Sears, OBA #35737 — yes, they listed his bar number like he’s a contestant on The Bachelorette) to file a lawsuit over what, for them, is basically pocket lint.

And here’s the real kicker: on that final statement, Marquita still has 16,222 reward points sitting in her account. Points she earned, presumably, by spending money she now can’t pay back. And where can she redeem them? Royal Caribbean cruises. That’s right — while she’s being sued for over $3,600, the bank is gently reminding her, “Hey, wanna go on a cruise?” It’s like offering someone a free vacation while handing them a subpoena. The cognitive dissonance is chef’s kiss.

So what’s our take? Look, we’re not here to defend unpaid debt. If you sign a contract, you should honor it. But let’s not pretend this is some moral crusade for financial responsibility. This is a billion-dollar bank using the court system to squeeze a few thousand bucks out of someone who likely just fell behind — maybe lost a job, maybe had a medical emergency, maybe just got buried under the avalanche of high-interest debt that credit cards are designed to create. And let’s not ignore the irony: Bank of America is suing to recover $3,665 — but their own statement admits they could have made nearly $5,000 in pure profit if Marquita had just kept paying the minimum. They didn’t sue because they’re desperate for the money. They sued because it’s cheaper than hiring someone to file the paperwork for debt forgiveness. It’s not personal. It’s just business. Cold, calculated, and slightly ridiculous.

The most absurd part? That this is even a case. That we live in a world where a corporation can profit twice — first from the interest, then from the lawsuit — all while sending cheerful messages about reward points and customer satisfaction. We’re not rooting for anyone to dodge their debts. But if we had to pick a side in this David-and-Goliath showdown of a woman versus a financial titan, we’re at least listening to the David part. And we’re definitely side-eyeing the Goliath for charging 29% interest while pretending to care about customer service. Welcome to the American dream — where your credit card company will reward you with a cruise… right before suing you for the fare.

Case Overview

$3,665 Demand Petition

Jurisdiction

District Court of Bryan County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$3,665 Monetary

Plaintiffs

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

Defendants

MARQUITA DEANN HUGHES individual

Claims

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

Petition Text

2,487 words

IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. MARQUITA DEANN HUGHES Defendant(s). Case No. CS-2024-241 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 XXXXXXXXXXXXX2909. 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 10/31/24, the balance due at time of default was $3,665.07. 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 $3,665.07. 7. The date of the last payment made by the Defendant(s) is March 4, 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), MARQUITA DEANN HUGHES in the amount of $3,665.07, 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 January 27, 2026 Nelson and Kennard, LLP By: [signature] 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 MARQUITA DEANN HUGHES 2700 W MOCKINGBIRD LN DURANT OK 74701-1516 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# 2909 September 9 - October 8, 2024 Account Summary/Payment Information Previous Balance $3,579.54 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $85.53 New Balance Total $3,665.07 Total Credit Line $3,000.00 Total Credit Available $0.00 Cash Credit Line $200.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 10/08/2024 Days in Billing Cycle 30 New Balance Total $3,665.07 Current Payment Due $121.00 Past Due Amount $983.00 Total Minimum Payment Due $1,104.00 Payment Due Date 11/05/2024 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 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>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>12 years</td> <td>$8,286.00</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 MARQUITA DEANN HUGHES 2700 W MOCKINGBIRD LN DURANT OK 74701-1516 Account Number: 2909 Payment Due Date 11/05/2024 New Balance Total $3,665.07 Total Minimum Payment Due $1,104.00 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. 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. 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. 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. 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> <td></td> </tr> <tr> <td>10/08</td> <td>10/08</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>85.53</td> <td></td> </tr> <tr> <td>10/08</td> <td>10/08</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>10/08</td> <td>10/08</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>10/08</td> <td>10/08</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>$85.53</td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$230.28</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$753.31</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>28.74%V</td> <td></td> <td></td> <td></td> <td>$3,620.71</td> <td>$85.53</td> </tr> <tr> <td>Balance Transfers</td> <td>28.74%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>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. Points earned can expire if not redeemed within 60 months from the month earned. To view current point totals and when points expire, visit bankofamerica.com. Choose the credit card account related to this statement in Accounts Overview, then select the Rewards Tab and access the 'see expiration schedule' link for a full view of total points by month of expiration. To view redemption options, select 'Redeem Points'. Points can only be redeemed if the account is open and has active charging privileges. However, if you voluntarily close the card account or we close the card account for inactivity, you must redeem the points within ninety (90) days after closing. If we close your card account for any other reason you will lose your points immediately. 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 <table> <tr> <th>BASE EARNED THIS MONTH</th> <td>0</td> </tr> <tr> <th>TOTAL AVAILABLE</th> <td>16,222</td> </tr> <tr> <th>REDEEM AT: WWW.ROYALCARIBBEAN.COM/</th> <td></td> </tr> <tr> <th>MYCRUISEREWARDSONLINE</th> <td></td> </tr> </table> Make the most of your rewards program today! How are we doing? Your opinion is important to us. You are invited to join the Bank of America® Advisory Panel and share what you think we are doing right — and what we need to do better. Enter code CACC at bankofamerica.com/AdvisoryPanel to learn more and join. When you use the QRC feature, certain information is collected from your mobile device for business purposes. Inclusion on the Advisory Panel is subject to qualifications.