CS-2026-00167 - Bank of America, N.A. v. Robert L Weaver

What's This Case About?

Let’s cut right to the chase: a bank is suing a man for $7,716.85 because he opened a credit card, spent the money, and then… didn’t pay it back. Groundbreaking. Revolutionary. Truly, the legal drama of the century. Except—plot twist—it’s not. This is not a case about fraud, identity theft, or some wild scheme involving offshore shell companies and a stolen llama. No. This is a credit card bill. A routine, garden-variety, “oops I maxed out my card and then life happened” situation. And yet, here we are, in Washington County, Oklahoma, where the District Court has been summoned to referee a financial squabble that could’ve been settled with a sternly worded email and a Venmo request.

Meet the players. On one side: Bank of America, N.A.—yes, the actual Bank of America, the financial titan that survived the 2008 collapse, owns Merrill Lynch, and probably has more lawyers than most small countries. They’ve outsourced this particular debt collection to Nelson and Kennard, LLP, a firm that seems to specialize in sending very serious letters about very small sums of money. Representing them? Ashton Dewayne Sears, Esq., OBA #35737, who likely didn’t personally fly to Oklahoma for this case but instead filed the petition from a sleek office in Colorado, probably while sipping a $7 oat milk latte. On the other side: Robert L. Weaver, a man whose only known address is 1320 S. Shawnee Ave in Bartlesville, Oklahoma—a city best known for oil history and being the birthplace of Mickey Mantle. We don’t know much about Robert. Is he a retired oil worker? A part-time musician? A guy who just really, really wanted that $977 in “purchases and adjustments” (more on that later)? The filing doesn’t say. But we do know this: he opened a credit card with Bank of America on April 6, 2023, and by July 2024, he owed $7,716.85. And then… he stopped paying.

Now, let’s unpack the financial saga, because it’s not just “he spent money, didn’t pay.” Oh no. This is a narrative. It starts innocently enough—April 2023, Robert gets a shiny new credit card with a $7,000 credit limit. Maybe he needed it for car repairs. Maybe he bought a new lawnmower. Maybe he finally treated himself to that Peloton he’d been eyeing. The statement doesn’t say. But by July 2024, the balance has ballooned to $7,306.85, and the bank is sweating. The account summary shows a previous balance of $6,549.48, then a payment of $410—wait, a payment? Yes! Robert did try. On July 9, 2024, he sent $410 via electronic payment. The bank even posted it. For a brief, shining moment, hope flickered. But then—plot twist—the payment was returned as unpaid. Like a bad check, but digital. So the bank reversed it, slapped on a $40 late fee, tacked on $150.37 in interest (mostly on “direct deposit and check cash advances,” whatever those are), and boom: the balance jumps back up. The account officially “charged off” on July 31, 2024, which is banker-speak for “we’ve given up on you, Robert.” By the time the lawsuit was filed on January 29, 2026, the total owed was $7,716.85. That’s $716.85 in interest and fees on top of the original balance. And get this: the statement even warns Robert that if he only pays the minimum, it’ll take 20 years to pay off and cost him over $21,000. But he didn’t even pay the minimum. He paid nothing after that failed $410.

So why are we in court? Because Bank of America is suing Robert for breach of contract—a fancy way of saying “you agreed to pay us back, and you didn’t.” The contract in question is the credit card agreement, a document so long and full of legalese that most people click “I agree” without reading it, like signing a treaty with a wizard you met in a dream. The bank claims Robert violated that contract by failing to make required monthly payments. That’s it. No fraud. No theft. Just non-payment. And the relief they’re seeking? $7,716.85 in damages, plus court costs, sheriff’s fees, and “special process server fees,” which sounds like something out of a medieval summons but is probably just the cost of mailing Robert a copy of the lawsuit. Is $7,716.85 a lot? Well, it’s not nothing. It’s the cost of a decent used car, a year of rent in some parts of Oklahoma, or approximately 155 Big Macs. But for a bank that reported $25 billion in quarterly revenue in 2024? It’s pocket lint. This isn’t about the money. It’s about precedent. It’s about sending a message: We will come for you, Robert. Even if you live in Bartlesville. Even if you only owe seven grand. We are Bank of America. We do not forgive. We do not forget. We outsource.

Now, here’s where we, the people, take a moment to editorialize. What’s the most absurd part of this? Is it that a national bank is suing an individual over less than eight grand? Is it that they’re charging 29.99% interest—basically, loan shark rates with better branding? Is it that the statement includes a cheerful little table explaining how Robert could pay $21,000 over 20 years if he’s not careful, like it’s a helpful life hack? No. The most absurd part is the drama. The pageantry. The fact that Kathlena Edwards, an officer at Bank of America in North Carolina, had to sign an affidavit under penalty of perjury—swearing that yes, Robert L. Weaver did owe this money, and yes, the records are accurate—so that a court in Oklahoma could be asked to rule on a debt that likely won’t even go to trial. This is civil court as performance art. It’s not justice. It’s debt collection with a side of legal theater.

And who are we rooting for? Honestly? Neither. We’re not rooting for the bank, because they’re a soulless financial entity that profits from people’s misfortune. But we’re also not rooting for Robert, because unless he was the victim of fraud or medical bankruptcy, he did agree to the terms. But we are rooting for the idea that maybe, just maybe, we could have a financial system where people aren’t sued over credit card debt like it’s a criminal offense. Where banks don’t weaponize interest rates and court filings to squeeze every last dollar from struggling customers. Where a $7,716.85 debt doesn’t require a notarized affidavit from a stranger in Guilford County, North Carolina.

But hey, that’s not how capitalism works. So instead, we’ll just sit back, watch the docket, and wait for the next chapter in Bank of America, N.A. vs. Robert L. Weaver: The Ballad of the Returned Payment. Will Robert show up in court? Will he settle? Will he declare bankruptcy and vanish into the ether, leaving only a trail of unpaid fees and a single, haunting credit card statement? Tune in next time, same crazy civil court time.

Case Overview

$7,717 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$7,717 Monetary

Plaintiffs

Bank of America, N.A. business
Rep: Nelson and Kennard, LLP

Defendants

Robert L Weaver individual

Claims

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

Petition Text

3,059 words

IN THE DISTRICT COURT OF WASHINGTON COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. ROBERT L WEAVER Defendant(s). Case No. CS-2020-167 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 XXXXXXXXXXXXXXX6592. 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 7/31/24, the balance due at time of default was $7,716.85. A true and accurate copy of the Affidavit with 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 $7,716.85. 7. The date of the last payment made by the Defendant(s) is August 9, 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), ROBERT L WEAVER in the amount of $7,716.85, 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 29, 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 AFFIDAVIT The undersigned, being duly sworn, states that: 1. I am over 19 years old and competent to make this Affidavit. I am employed by Bank of America, N.A. as an officer of the bank and am duly authorized to make this Affidavit. 2. Bank of America, N.A. is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged into and under the charter and title of Bank of America, N.A. effective October 1, 2014. FIA and Bank of America, N.A., are collectively referred to herein as “BANA”. 3. I am familiar with and have personal knowledge of the manner and method by which BANA maintains its normal business books and records, including computer records. These books and records are kept by BANA in the course of regularly conducted business activity. It is BANA’s regular practice to make such books and records and these books and records are made: (i) at or near the time the events they purport to describe occurred, by or from information transmitted by a person with knowledge of the acts and events and a business duty to report, or (ii) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this Affidavit related to the Defendant's account are true and correct based upon my personal knowledge of the record keeping systems under which BANA maintains its business books and records. 4. The books and records of BANA show that Defendant, ROBERT L WEAVER, obtained an account with BANA or a predecessor in interest for the purpose of obtaining an extension of credit (the “Account”) and thereafter used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (“Agreement”) governing use of the Account. Defendant breached the Agreement by failing to make periodic payments as required thereby. 5. The Account was opened on 04/06/2023. Defendant’s current Account number is XXXXXXXXXXXXXXX6592. As of the execution date of this Affidavit, Defendant is indebted to BANA on the Account for $7,716.85, which includes pre-charge-off interest allowed under the Agreement. The Account charged-off on 07/31/2024. The last payment posted to the Account on or about 12/9/2023. The current balance amount is due in part to a payment in the amount of $410.00 made on or about 07/09/2024, as seen on the attached periodic statement (described below), that was ultimately returned as unpaid and unsuccessful prior to charge-off of the Account. The previous credit in this amount was reversed and the balance of the Account increased accordingly. The Account is not accruing post-charge-off interest and all payments and credits have been applied. 6. In accordance with federal regulations, monthly periodic statements reflecting the amount due on the Account have been provided to the Defendant. Attached hereto is a true and correct copy of the last periodic statement provided to Defendant prior to charge-off. Based on BANA’s records, there are no unresolved billing disputes regarding the Account. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. NOV 24 2025 DATE State of: NORTH CAROLINA County of: GUILFORD SIGNED and sworn to (or affirmed) before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Kathlena Edwards, on this day, NOV 2 4 2025. Lisa D Polmoutier Notary Public My Commission Expires: AUG 11 2026 AFFIANT SIGNATURE Kathlena Edwards AFFIANT NAME Kathlena Edwards, Officer BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 ROBERT L WEAVER 1320 S SHAWNEE AVE BARTLESVILLE OK 74003-6028 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 $6,549.48 Payments and Other Credits -$410.00 Purchases and Adjustments $977.00 Fees Charged $40.00 Interest Charged $150.37 New Balance Total $7,306.85 Total Credit Line $7,000.00 Total Credit Available $0.00 Cash Credit Line $700.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 07/12/2024 Days in Billing Cycle 30 New Balance Total $7,306.85 Current Payment Due $261.00 Past Due Amount $987.00 Total Minimum Payment Due $1,248.00 Payment Due Date 08/09/2024 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>Payment Method</th> <th>Years until balance is paid off</th> <th>Total payment</th> </tr> <tr> <td>Only the Total Minimum Payment</td> <td>20 years</td> <td>$21,138.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. Account Number: 6592 Payment Due Date: 08/09/2024 New Balance Total: $7,306.85 Total Minimum Payment Due: $1,248.00 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 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. 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. 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">Payments and Other Credits</td> <td></td> </tr> <tr> <td>07/09</td> <td>07/09</td> <td>BA ELECTRONIC PAYMENT</td> <td>4295</td> <td>6592</td> <td>-410.00</td> <td>-$410.00</td> </tr> <tr> <td colspan="6">TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD</td> <td></td> </tr> <tr> <td colspan="6"></td> <td></td> </tr> <tr> <td colspan="6">Purchases and Adjustments</td> <td></td> </tr> <tr> <td>06/09</td> <td>06/18</td> <td>RETURNED PAYMENT UNPAID</td> <td>1749</td> <td>6592</td> <td>977.00</td> <td>$977.00</td> </tr> <tr> <td colspan="6">TOTAL PURCHASES AND ADJUSTMENTS FOR THIS PERIOD</td> <td></td> </tr> <tr> <td colspan="6"></td> <td></td> </tr> <tr> <td colspan="6">Fees</td> <td></td> </tr> <tr> <td>07/09</td> <td>07/10</td> <td>LATE FEE FOR PAYMENT DUE</td> <td>6592</td> <td></td> <td>40.00</td> <td>$40.00</td> </tr> <tr> <td colspan="6">TOTAL FEES FOR THIS PERIOD</td> <td></td> </tr> <tr> <td colspan="6"></td> <td></td> </tr> <tr> <td colspan="6">Interest Charged</td> <td></td> </tr> <tr> <td>07/12</td> <td>07/12</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>07/12</td> <td>07/12</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>07/12</td> <td>07/12</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>150.37</td> <td></td> </tr> <tr> <td>07/12</td> <td>07/12</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>$150.37</td> </tr> </table> 2024 Totals Year-to-Date <table> <tr> <th>Total fees charged in 2024</th> <th>$189.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$817.74</th> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate</th> <th>Promotional Transaction Type</th> <th>Promotional Offer ID</th> <th>Promotional Rate End Date</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charges by Transaction Type</th> </tr> <tr> <td>Purchases Promotional APR</td> <td>28.24%V<br>0.00%</td> <td>PUR, WT</td> <td>LM09·60286</td> <td>10/12/2024</td> <td>$ 0.00<br>$ 1,449.24</td> <td>$ 0.00<br>$ 0.00</td> </tr> <tr> <td>Balance Transfers</td> <td>28.24%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>29.99%V</td> <td></td> <td></td> <td></td> <td>$ 6,100.26</td> <td>$ 150.37</td> </tr> <tr> <td>Bank Cash Advances</td> <td>29.99%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. Your Reward Summary <table> <tr> <th></th> <th>.00 Base Cash Back Earned</th> </tr> <tr> <th></th> <th>.00 Total Cash Back Available</th> </tr> </table> Make the most of your rewards program today! How are we doing? Your opinion is important to us. You’re invited to join the Bank of America® Advisory Panel and share what you think we’re 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 QC feature, certain information is collected from your mobile device for business purposes Inclusion on the Advisory Panel subject to qualifications.