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MUSKOGEE COUNTY • CJ-2026-00106

CAPITAL ONE, N.A. v. RAYBERT W DOWNING

Filed: Feb 26, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: Capital One is suing a man in Muskogee County, Oklahoma, for $18,091.44—over a credit card debt that allegedly stopped being paid in April 2025… which, as of this writing, hasn’t even happened yet. Yes, you read that right. The timeline in this case is so tangled it looks like someone tried to knit a sweater out of time travel plot holes.

Meet the players. On one side, we’ve got Capital One, N.A.—the financial titan known for its bold ad campaigns, zero-percent balance transfer offers, and, apparently, its ability to predict the future. Represented by the debt-collection law firm Rausch Sturm LLP (a group that, judging by their slogan “Attorneys in the Practice of Debt Collection,” doesn’t mess around), they’re the plaintiff here. They say Raybert W. Downing opened a credit card account with them back in October 2011—so, over a decade ago—and used it responsibly enough to rack up a balance, but not responsibly enough to keep paying it. The account number? Redacted, because we don’t need another true crime podcast about credit card digits, thank you very much.

And then there’s Raybert W. Downing. We don’t know much about him—no criminal record cited, no dramatic backstory, no viral TikTok feud that spiraled into financial ruin. Just a regular guy, presumably living his life in Muskogee County, when—BAM—allegedly stopped making payments on a credit card in April 2025. Let that sink in. The lawsuit was filed in February 2026, claiming a default that hadn’t technically occurred yet. Did Raybert have a crystal ball and decide to ghost his credit card company early? Did Capital One invent a time machine to collect debts from the near future? Or—and hear me out—did someone at the law firm typo the year and no one notice? Because if you’re going to sue a man, at least do it in the correct calendar year.

According to the petition, Raybert opened the account in 2011, used it (presumably for things like groceries, gas, or that one ill-advised Amazon purchase at 2 a.m.), and built up a balance. At some point, he stopped paying. The last payment, the filing says, was on April 21, 2025. Then, on July 4, 2025—Independence Day, fittingly—Capital One allegedly “closed and/or charged off” the account, meaning they gave up on collecting the debt internally and either sold it or hired a law firm to sue. Enter Rausch Sturm LLP, who filed this petition in February 2026, asking the court for $18,091.44, plus costs. And—plot twist—they also want the Oklahoma Employment Security Commission to hand over Raybert’s employment history. Why? So they can figure out where he works and potentially garnish wages, if they win. It’s not just about the money—it’s about sending a message: We will find you. We will audit your job history. We are the taxman of credit card debt.

Now, let’s talk about what “breach of contract” actually means here, because we’re not in law school and no one wants a lecture on common law principles. In plain English: when you open a credit card, you sign a contract saying, “I will pay you back, with interest, according to these terms.” When you don’t? That’s a breach. It’s like borrowing your roommate’s favorite hoodie and then saying, “Nah, I’m keeping it,” except instead of a hoodie, it’s thousands of dollars, and instead of your roommate, it’s a multinational bank with a legal team on speed dial. Capital One claims Raybert broke that promise. They want the court to agree and order him to pay up.

And pay up they want—$18,091.44, to be exact. Is that a lot? Well, in the world of credit card debt, it’s not crazy high—no private jet leases or diamond-encrusted handbag sprees here—but it’s also not chump change. That’s a used car. That’s a year of rent in some parts of Oklahoma. That’s a lot of gas, especially if you drive a truck that gets 12 miles per gallon. For an individual, especially in a place like Muskogee County where the median household income is around $50,000, $18k is a serious hit. But for a bank like Capital One? That’s less than a rounding error in their quarterly earnings. Still, they’re pursuing it. Because in the debt collection game, it’s not about the principle—it’s about the precedent. And the spreadsheet.

Oh, and get this: the law firm explicitly disclaims attorney fees. That’s unusual. Most debt collection suits ask for legal costs on top. But here? “No thanks,” says Rausch Sturm. “We’re doing this for the love of the game.” Or maybe because they’re paid on contingency—meaning they only get paid if they win—and don’t want to muddy the waters with extra fees that might get challenged. Either way, it’s like a villain who says, “I’m not here for power. I’m here for justice.” Sure, buddy.

So what’s our take? Look, debt collection cases aren’t exactly Law & Order: SVU. There’s no twisty murder mystery, no dramatic courtroom reveal. But this one? This one has flair. A debt allegedly defaulted in the future. A bank suing over a 15-year-old account. A demand for employment records like it’s a background check for a federal job. And a law firm that proudly announces it’s “in the practice of debt collection” like it’s a niche artisan craft.

The most absurd part? Not the typo (though come on, people, 2025?). Not even the employment history subpoena. It’s that this is normal. This is how debt collection works in America: automated letters, robotic filings, lawsuits filed en masse by firms that represent dozens of banks, chasing down old balances with the precision of a spreadsheet and the emotional warmth of a parking ticket. Raybert W. Downing might be guilty of financial mismanagement. Or he might be a victim of medical debt, job loss, or a clerical error. We don’t know. The filing doesn’t say. But the machine keeps rolling.

And honestly? We’re rooting for the typo. We’re rooting for the idea that maybe, just maybe, Raybert didn’t default in 2025 because 2025 hasn’t happened yet, and this whole thing gets tossed on a technicality. That the judge looks at the docket, raises an eyebrow, and says, “Y’all can’t sue someone for something that hasn’t occurred. That’s not law. That’s science fiction.” And then orders everyone to go back and try again—this time, in the correct timeline.

But let’s be real: that’s not how it’s going to go. This case will probably settle, or default judgment will be entered, and $18,091.44 will either get paid or haunt Raybert’s credit report like a financial ghost. Because in the world of civil court, the banks usually win. Especially when they bring their own time machine.

Case Overview

$18,091 Demand Petition
Jurisdiction
DISTRICT COURT OF MUSKOGEE COUNTY, OKLAHOMA
Relief Sought
$18,091 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of contract

Petition Text

345 words
IN THE DISTRICT COURT OF MUSKOGEE COUNTY STATE OF OKLAHOMA MUSKOGEE COUNTY CAPITAL ONE, N.A. PLAINTIFF, vs. RAYBERT W DOWNING DEFENDANT(S). FEB 26 2026 No. CJ-20-100 Robyn Boswell, Court Clerk By Deputy 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 October 30, 2011, 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 21, 2025. Defendants(s) thereafter defaulted on Defendant’s(s’) obligation. 4. On or about July 4, 2025, based on Defendant's failure to pay, Plaintiff closed and/or charged off Defendant's account, then numbered ************0009, with a balance due. WHEREFORE, Plaintiff prays for judgment against the Defendant(s) in the sum of $18,091.44, 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: Michael J. Kidman, OBA # 35912 Account Representative Contact Information: (833) 899-0421 Mailing Address: 300 N. Executive Drive, Suite 200 Brookfield WI 53005 (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 02/02/2026 , in Tulsa, Oklahoma. Michael J. Kidman, OBA # 35912 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. 5407784
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.