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TULSA COUNTY • CJ-2025-772

CAPITAL ONE, N.A. v. ASHLEY L FRANKE

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s cut right to the chase: Capital One is suing a woman in Tulsa for $32,469.79 — not for fraud, not for identity theft, not because she bought a boat on their dime and sailed off into the sunset — but because, according to them, she opened a credit card in 2018, used it, stopped paying in 2024, and now owes that eye-watering sum. That’s not just a credit card bill — that’s a down payment on a house in some parts of Oklahoma. And here we are, in the hallowed halls of the District Court of Tulsa County, watching a bank try to collect on what might just be the most expensive avocado toast binge in recorded history.

Meet Ashley L. Franke, a regular Oklahoma resident who, at some point in July 2018, did something millions of Americans do every year: she applied for a credit card. The issuer? Capital One, N.A., the financial behemoth that brings you cash-back rewards, airport lounges, and, when things go sideways, a very no-nonsense law firm named Rausch Sturm LLP. There’s no drama in how they met — no romantic entanglement, no business partnership gone sour. Just a credit application, a few swipes at Target or Amazon, and the quiet, creeping accumulation of debt. For a while, everything was fine. Payments were made. The machine chugged along. But then, in April 2024, the music stopped. Ashley’s last payment was recorded. By July 15, Capital One had had enough. They “charged off” the account — banking jargon for “we’re writing this off as a loss” — and dusted off the legal playbook. Cue the lawsuit, filed January 28, 2025, like a financial hangover that finally caught up with her in the new year.

Now, before you start picturing Ashley living large — private jets, designer handbags, maybe a brief but ill-advised stint in a Napa Valley timeshare — let’s be real: we don’t know what she spent the money on. The petition doesn’t say. Maybe it was medical bills. Maybe it was a wedding, a divorce, a car that broke down one too many times. Maybe it was just life in America, where one emergency away from maxing out a card is all it takes. But here’s what we do know: Capital One isn’t here to negotiate. They’re not offering payment plans or hardship programs. They’re not even asking for attorney’s fees, which is oddly generous — or maybe just strategic, since Oklahoma law lets them waive those to keep the case in district court instead of small claims. No, they want the full $32,469.79. Plus costs. Plus a weird little bonus ask: they want the Oklahoma Employment Security Commission to hand over Ashley’s employment history. Which… okay? That’s not exactly standard. Are they trying to figure out if she got a new job? Planning to garnish wages? Or just sending a message: We’re watching.

So why are we in court? Because this is a debt collection lawsuit — the civil equivalent of “pay up or we’re taking you to court.” Capital One is alleging that Ashley had a contract (the credit card agreement), that she used the card, that she agreed to pay it back, and that she didn’t. That’s the whole ballgame. No fancy legal theories, no conspiracy, no breach of fiduciary duty. Just a straightforward claim: you borrowed, you spent, you stopped paying. Now we want our money. In legal terms, this is a “breach of contract” case — but you won’t see that phrase in the filing because, frankly, it’s so routine that lawyers don’t even bother spelling it out. They assume the judge knows the drill. And honestly, they’re probably right.

Now, about that number: $32,469.79. Let’s put that in perspective. That’s more than the average annual salary in Tulsa. It’s enough to buy a brand-new Honda Civic — twice. It’s the kind of debt that can wreck a credit score, trigger wage garnishment, and follow someone for years. But here’s the thing: we don’t know how much of that is principal versus interest and fees. Did Ashley rack up $10,000 and let compounding interest and late fees turn it into $32k? That’s not unheard of. Credit cards can charge 25%, 30%, even higher in some cases. Miss a few payments, get hit with penalty APRs, and suddenly you’re in a financial black hole. And yet — and this is the kicker — Capital One isn’t asking for punitive damages. No “punish her for being irresponsible” clause. No demand that she attend financial literacy classes. Just the money. Cold, hard, decimal-point-precise money.

And then there’s that odd request for her employment history. That’s… not nothing. The court isn’t typically in the business of handing over someone’s job records just because a bank asks nicely. But Capital One is hoping the judge will order the Oklahoma Employment Security Commission — the state agency that handles unemployment — to produce it. Why? Likely because they’re trying to figure out if Ashley has a job, where she works, and whether they can garnish her wages if they win. It’s a move straight out of the debt collector’s playbook: know your target. But it also feels a little invasive, like the financial equivalent of showing up at someone’s doorstep with a spreadsheet and a clipboard. “We’d like to know where you’ve worked, Ashley. For… reasons.”

Our take? Look, debt is serious. Contracts are contracts. If you charge $32,000 on a card and walk away, yeah, someone’s gonna come knocking. But there’s something almost too clinical about this whole thing. A woman’s financial downfall, reduced to a petition, a file number, and a demand for payment down to the penny. No empathy. No context. Just: you owe, we sue. And that weird employment history request? That’s the kind of detail that makes you side-eye the whole operation. Are they trying to help her repay? Or just to find the most efficient way to squeeze every dollar out of her paycheck?

We’re not rooting for anyone to dodge their debts. But we’re also not here to cheer on corporate debt collectors treating people like delinquent spreadsheets. The most absurd part? That $32,469.79 — a life-altering sum for most people — is just another Tuesday for Capital One. Another file number. Another attorney signature. Another verified statement under penalty of perjury about avocado toast we’ll never see. And Ashley L. Franke? She’s now a defendant in a story she probably never wanted to be part of — one where the opening line is a number, and the ending is anyone’s guess.

We’re entertainers, not lawyers. But if this were a movie, we’d root for a rewrite.

Case Overview

$32,470 Demand Petition
Jurisdiction
District Court of Tulsa County, Oklahoma
Relief Sought
$32,470 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1

Petition Text

340 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA CAPITAL ONE, N.A. PLAINTIFF, vs. ASHLEY L FRANKE DEFENDANT(S). PETITION COMES NOW the Plaintiff, by and through its attorneys, RAUSCH STURM LLP, and for cause of action against the Defendant alleges and states the following: 1. Plaintiff is duly and legally organized and is authorized to transact business in the State of Oklahoma. 2. On or about July 13, 2018, Defendant(s) opened a credit account with CAPITAL ONE, N.A.. 3. Defendant(s) used the account and thereby became obligated to pay the balance accrued. Plaintiff’s records indicate Defendant’s(s’) last payment occurred on or about April 8, 2024. Defendants(s) thereafter defaulted on Defendant’s(s’) obligation. 4. On or about July 15, 2024, based on Defendant's failure to pay, Plaintiff closed and/or charged off Defendant's account, then numbered ************1444, with a balance due. 5. The balance remaining on the credit account, $32,469.79, is presently due and payable in full to Plaintiff. WHEREFORE, Plaintiff prays for judgment against the Defendant(s) in the sum of $32,469.79, plus costs, but disclaiming all allowable attorney fees, and for all subsequent costs; that the Court order the Oklahoma Employment Security Commission (OESC) to produce in writing the employment history for the Defendant for the period specified in Plaintiff’s request; and for such other and further relief as this Court may deem equitable, just, and proper. RAUSCH STURM LLP ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION By: Nicholas Tait, OBA #22739 5200 South Yale Avenue, Suite 505 Tulsa, OK 74135 (877) 215-2552 TTY: 711 Fax: (855) 272-3575 [email protected] ATTORNEYS FOR PLAINTIFF VERIFIED STATEMENT OF COUNSEL I, the undersigned counsel for Plaintiff, pursuant to Oklahoma Statutes Title 12, section 426, state under penalty of perjury under the laws of Oklahoma that the statements made in the foregoing Petition are true and correct to the best of my knowledge. Signed 01/28/2025 , in Tulsa, Oklahoma. Nicholas Tait, OBA #22739 This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose. Our File No. 5157312
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.