CJ-2025-12 - CAPITAL ONE, N.A. v. GARY D SIMS

What's This Case About?

Let’s cut straight to the drama: a bank is suing a man in Oklahoma for $11,128.86… because he didn’t pay his credit card bill. That’s it. That’s the whole case. No stolen heirlooms, no secret affairs, no backyard wrestling matches gone wrong—just a past-due statement, a firm “New Balance: $11,128.86” glaring from the page like a financial scarlet letter, and a corporate legal team in Louisiana firing off a lawsuit like it’s nothing. Welcome to Crazy Civil Court, where the most explosive conflicts aren’t over love or land—they’re over late payments and interest charges.

So who are we talking about here? On one side, we’ve got Capital One, N.A.—not just a bank, but a National Association, which sounds like some kind of elite spy organization but is actually just the legal way banks say “we’re incorporated, baby.” They’re represented by attorneys Roy J. Martin and Alexis P. Guerrero, two legal eagles flying the Gulf South Legal banner all the way from Metairie, Louisiana—because apparently, you don’t need to be in Oklahoma to sue someone in Oklahoma if you’ve got a credit card agreement and a Wi-Fi connection. On the other side? Gary D. Sims, a resident of Tulsa, Oklahoma, living at an address that, based on Google Maps, looks like the kind of quiet, tree-lined neighborhood where people mow their lawns on Sundays and argue about HOA rules. He is, as far as we know, not a spy, not a fraudster, not even a known coupon clipper—he’s just a guy who allegedly used a Capital One credit card and then… stopped paying it.

Now, what exactly happened? The petition is about as dramatic as a spreadsheet, but let’s read between the lines. At some point, Gary D. Sims applied for a Capital One credit card. He signed on the dotted line—probably digitally, after scrolling through 17 pages of terms and conditions he definitely didn’t read. He got the card. He used it. Purchases were made. Transactions posted. Life went on. Then, somewhere down the line, the payments stopped. The statement we see—Exhibit 1, if we’re being fancy—shows a Previous Balance of $10,993.43. No payments. No credits. Just $135.43 in fresh interest charges slapped on like a financial penalty kick. The new total? $11,128.86. And not just any total—the Minimum Payment Due is also $11,128.86. That’s not a minimum payment. That’s the full damn thing. Capital One isn’t asking for $200 a month. They want it all. Right now. Or else.

And by “or else,” they mean: we’re suing you in Tulsa County District Court. The legal claim? Breach of contract—specifically, breach of the credit agreement. In plain English: you agreed to pay us back when you used the card. You didn’t. So now we’re taking you to court to get our money. The filing even includes a little legal CYA paragraph saying, “Hey, we checked—he’s not in the military,” which is a requirement under the Servicemembers Civil Relief Act (because the U.S. government doesn’t want troops getting sued while deployed). So no, Gary is not secretly fighting overseas. He’s just a civilian with a very overdue bill.

Now, let’s talk about what Capital One actually wants. They’re demanding $11,128.86—plus court costs. That’s it. No punitive damages. No attorney’s fees. No demand that Gary write a public apology or perform community service by handing out financial literacy pamphlets at the Tulsa mall. Just cold, hard cash. Is $11,128.86 a lot? Well, it’s not a Lamborghini, but it’s also not chicken scratch. It’s two months’ rent in downtown Tulsa. It’s a decent used car. It’s a lot of therapy sessions. And yet, in the grand scheme of credit card debt, it’s not even that unusual. The average American carries over $6,000 in credit card debt. Gary’s balance is above average, sure, but not record-breaking. The real kicker? The interest rate. 14.90% APR on purchases. That’s not predatory by modern standards—some cards charge 29%—but it’s enough to make debt snowball fast, especially when you’re not making payments. And according to the statement, total interest charged over time? $1,216.06. That’s over a thousand dollars just for the privilege of not paying on time. Capital One didn’t just lend money—they sold Gary a financial time bomb, and now they want the pieces back.

Here’s the thing: there’s no counterclaim. No “but the card was stolen!” No “I paid this already!” No “your customer service hung up on me 14 times!” Just silence. Capital One says the debt is valid, the account is past due, and Gary hasn’t disputed it. They even say they’re not asking for attorney’s fees—probably because they’d rather keep this simple, fast, and cheap. This isn’t about revenge. It’s about efficiency. They’ve got a machine: identify delinquent accounts, send demand letters, file lawsuits, collect judgments. Gary is just one cog—maybe not even a name to them, just an account number ending in 6299.

And that’s where our editorial hat comes on. What’s the most absurd part of this? Not the amount. Not the interest. It’s the tone. Look at that statement. It’s so polite. “How can I avoid paying interest charges?” it asks, like it’s giving helpful life advice. “We may assess a minimum interest charge of $0.50,” it warns, as if that’s a cute little fee, not a trapdoor into compounding debt. The whole thing reads like a self-help pamphlet written by a robot that also happens to be a loan shark. And then, BAM—lawsuit. No warning shot. No “we’d love to work with you,” just a cold, corporate “you owe us, and we’re taking you to court.” Meanwhile, Gary D. Sims—real person, real life, real stress—gets served with legal papers because he couldn’t or wouldn’t pay a bill that quietly grew like mold in the back of a fridge.

Are we rooting for Gary? Honestly, kind of. Not because he’s innocent—maybe he maxed out the card on steak dinners and skydiving lessons and just decided, “Nah, I’m good.” But because this whole system is bananas. A bank sues a guy for eleven grand, files a lawsuit that’s basically a copy-paste template, and expects the court to treat it like high drama. Meanwhile, actual human beings are getting crushed by debt, and the response is a form letter and a legal threat. Capital One isn’t trying to help Gary get back on his feet. They’re not offering payment plans or hardship programs in this filing. They’re just saying: pay up, or we’ll take it from you.

So here we are. A man, a credit card, and a courtroom. No witnesses. No drama. Just a balance sheet turned into a legal petition. And somewhere in Tulsa, Gary D. Sims is probably wondering how a piece of plastic turned into a court date. Welcome to the American dream, one late payment at a time.

Case Overview

$11,129 Demand Petition

Jurisdiction

District Court in and for Tulsa County, Oklahoma

Filing Attorney

Roy J. Martin

Couch Lambert, LLC

Relief Sought

$11,129 Monetary

Plaintiffs

CAPITAL ONE, N.A. business
Rep: Roy J. Martin, (OBA# 19875) and Alexis P. Guerrero, (OBA# 36132) of Couch Lambert, LLC

Defendants

GARY D SIMS individual

Claims

#	Cause of Action	Description
1	breach of credit agreement	Capital One seeks $11,128.86 in unpaid debt

Petition Text

2,318 words

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA CAPITAL ONE, N.A. PLAINTIFF GARY D SIMS DEFENDANT(S) Case No. KELLY M. GREENOUGH CJ-2025-00012 PETITION Comes now the Plaintiff, CAPITAL ONE, N.A. ("Plaintiff"), and for its cause of action against the Defendant(s) alleges and states as follows: 1. Plaintiff, CAPITAL ONE, N.A., is and at all times relevant to this action has been a National Association. 2. That the Defendant(s) herein is a resident of Tulsa County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 3. GARY D SIMS entered into a credit agreement with CAPITAL ONE, N.A.. Defendant's use of the card to make purchases constitutes his/her acceptance to the terms and conditions set forth in said credit agreement. 4. At the time of filing, GARY D SIMS is justly indebted to CAPITAL ONE, N.A. the amount of $11,128.86. 5. Counsel for Plaintiff submits that after diligent search, GARY D SIMS does not serve on active duty in the military. 6. CAPITAL ONE, N.A. is not requesting attorney's fees in this action. 7. The account is past due and payable; demands for payment have been refused; and there are no set-offs or counterclaims. 8. Plaintiff has complied with all the terms, conditions, and provisions of the account and is duly empowered to bring this action. 9. Plaintiff is entitled as a matter of law to a judgment in its favor and against Defendant(s), GARY D SIMS, for the principal amount due, being $11,128.86. 10. Attached as Exhibit 1 is an account statement showing the balance due. WHEREFORE, PREMISES CONSIDERED, Plaintiff, CAPITAL ONE, N.A., prays for judgment against the Defendant(s), GARY D SIMS, in the sum of $11,128.86, all costs of court, and all other relief to which the Plaintiff may be entitled. CAPITAL ONE, N.A., PLAINTIFF By: Roy J. Martin, (OBA# 19875) Alexis P. Guerrero, (OBA# 36132) Couch Lambert, LLC Attorneys for Plaintiff 3501 N. Causeway Blvd., Ste. 800 Metairie, LA 70002 Telephone: (504) 838-7747 [email protected] Payment Information Payment Due Date PAST DUE New Balance $11,128.86 For online and phone payments, the deadline is 8pm ET. Minimum Payment Due $11,128.86 Account Summary <table> <tr><th>Previous Balance</th><td>$10,993.43</td></tr> <tr><th>Payments</th><td>$0.00</td></tr> <tr><th>Other Credits</th><td>$0.00</td></tr> <tr><th>Transactions</th><td>+ $0.00</td></tr> <tr><th>Cash Advances</th><td>+ $0.00</td></tr> <tr><th>Fees Charged</th><td>+ $0.00</td></tr> <tr><th>Interest Charged</th><td>+ $135.43</td></tr> <tr><th>New Balance</th><td>= $11,128.86</td></tr> <tr><th>Available Credit (as of Sep 19, 2024)</th><td>N/A</td></tr> </table> Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account at capitalone.com Customer Service: 800-227-4825 See reverse for Important Information GARY D SIMS 8615 E 87TH PL TULSA, OK 74133-4319 Payment Due Date: Past Due Account ending in 6299 New Balance Minimum Payment Due Amount Enclosed $11,128.86 $11,128.86 $ Please send us this portion of your statement and only one check (or one money order) payable to Capital One to ensure your payment is processed promptly. Allow at least seven business days for delivery. Capital One P.O. Box 60519 City of Industry CA 91716-0519 How can I Avoid Paying Interest Charges? If you pay your New Balance in full by the due date each month, we will not charge interest on new transactions that post to the purchase balance. If you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special Transfers start on the transaction date. Promotional offers may allow you to pay less than the total New Balance and avoid paying interest on new transactions that post to your purchase balance. See the front of your statement for additional information. How is the Interest Charge Determined? Interest Charges accrue from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid in full. Interest accrued during a Billing Cycle posts to your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior month. Once you start accruing Interest Charges, you generally must pay your New Balance in full two consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.50 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions). 1. First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges for all segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service fewer than 40 days after the annual membership Fee was assessed to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account. How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs. Billing Rights Summary (Does not Apply to Small Business Accounts) What To Do If You Think You Find A Mistake On Your Statement: If you think there is an error on your statement, write to us at: P.O. Box 30285, Salt Lake City, UT 84130-0285. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and 2) You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. © 2023 Capital One. Capital One is a federally registered service mark ETC-08 07/13/2023 Pay online at capitalone.com Pay using the Capital One mobile app Customer Service 800-227-4825 Changing your mailing address? You can change your address by signing into your account online or by calling Customer Service. Any written request on this form will not be honored. How do I Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? ◆ For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. ◆ For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Transactions GARY D SIMS #6299: Payments, Credits and Adjustments <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> GARY D SIMS #6299: Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> Trans Date Post Date Description Amount Total Fees for This Period $0.00 Interest Charge on Purchases $135.43 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $135.43 Total Fees charged $149.00 Total Interest charged $1,216.06 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 (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charged</th> </tr> <tr> <td>Purchases</td> <td>14.90%</td> <td>$11,058.78</td> <td>$135.43</td> </tr> <tr> <td>Cash Advances</td> <td>14.90%</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Variable APRs; If you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below. <table> <tr> <th>Code next to your APR(s)</th> <th>How do we calculate your APR(s)?</th> <th>When your APR(s) will change</th> </tr> <tr> <td>P</td> <td>Prime Rate + margin</td> <td>The first day of the Billing Cycles that end in Jan., April, July and Oct.</td> </tr> <tr> <td>L</td> <td>3 month LIBOR + margin</td> <td></td> </tr> <tr> <td>D</td> <td>Prime Rate + margin</td> <td>The first day of each Billing Cycle</td> </tr> <tr> <td>F</td> <td>1 month LIBOR + margin</td> <td></td> </tr> </table> Protect yourself from scams. When dealing with unwarranted contacts from people, businesses, or social networking sites, always use caution.