CS-2026-00050 - BANK OF AMERICA, N.A. v. DUSTY JONES

What's This Case About?

Let’s get one thing straight: $3,126.97. That’s the number. That’s the amount. That’s the sum of money for which Bank of America, N.A. has dragged Dusty Jones, a man presumably just trying to survive in rural Oklahoma, into the District Court of Marshall County. Not $30,000. Not $10,000. Not even a round number. We’re talking about three thousand one hundred twenty-six dollars and ninety-seven cents—pennies shy of a used car down payment, but apparently worth a full-blown legal petition, complete with exhibits, interest calculations that read like a calculus final, and a law firm based in Colorado filing paperwork on behalf of a national banking giant against a single guy who lives on Highway 70 North in Kingston, OK. This isn’t a heist. It’s not fraud. It’s not even a missing Lamborghini. It’s a credit card bill. And yet, here we are.

So who is Dusty Jones? Well, we don’t know much, but we know this: he had a Bank of America Visa Signature credit card, account ending in 6141, with a total credit line of $2,500. That’s right—his limit was less than what he now owes. At some point, Dusty spent beyond that limit, because the statement clearly says his balance was $3,126.97 while his available credit was $0.00. He wasn’t just maxed out—he was over the limit, and the bank didn’t even charge him a fee for it. How generous. The last payment he made? April 18, 2024. After that? Crickets. Silence. Radio silence. No more payments. No more credits. Just a slow, inevitable creep of interest—$65.65 in one month alone—until the account was officially charged off on November 30, 2024. That’s when the bank gave up pretending Dusty was going to pay and said, “You know what? We’re calling this a loss.” Except, of course, they didn’t really. Because now they’re suing.

And why? Because, according to the filing, Dusty breached the contract. That’s the legal phrase. Sounds dramatic, like he violated a sacred oath, but really it means he didn’t make his monthly payments. That’s it. That’s the crime. The contract in question? The one you click “I agree” to in tiny font when you sign up for a credit card, full of clauses about variable interest rates, daily compounding, and the fact that if you only pay the minimum, it’ll take you 13 years to pay off your balance and cost you nearly double in interest—$6,644, to be exact, according to the warning on the statement. And yet, there it is, in bold: “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.” Bank of America told Dusty this would happen. And then, when it did happen, they sued him for it.

Now, let’s talk about what they want. Bank of America is asking for $3,126.97. That’s the balance as of the charge-off. Plus court costs. Plus sheriff’s fees. Plus “special process server fees,” which sounds like something out of a medieval tax code. But the real kicker? This isn’t even a high-stakes debt. In the world of collections, $3,126 is not chump change, but it’s also not exactly a jackpot. For a national bank with assets in the trillions, this is less than a rounding error. It’s like if Jeff Bezos sent a strongly worded letter because someone stole a soda from a vending machine. And yet, here we are—lawyers involved, court dates looming, a full petition drafted with exhibits and legal citations—all for a debt that, by the bank’s own math, could have been avoided if Dusty had just paid $96 a month. But he didn’t. And now, instead of a reminder email, he’s got a lawsuit.

What’s especially wild is how normal this all is. This isn’t fraud. There’s no allegation that Dusty racked up fake charges, lied on an application, or disappeared with a yacht. He just… didn’t pay. Maybe he lost his job. Maybe his truck broke down. Maybe medical bills piled up. Maybe he just forgot. We don’t know. The filing doesn’t say. And the bank doesn’t care. From their perspective, the contract was clear: you spend, you pay. You don’t pay? We sue. It’s business. Cold, mechanical, and utterly devoid of mercy. And the machinery is well-oiled: Nelson and Kennard, PLLP, a debt collection law firm based in Colorado, is handling this from 700 miles away. Their attorney, Ashton Dewayne Sears, filed this on behalf of Bank of America, likely handling dozens of these cases a day. Dusty Jones isn’t a person to them—he’s a docket number: CS-24-50.

And that’s the most absurd part. The sheer scale mismatch. On one side: a multinational financial institution with more lawyers than most countries have judges, armed with algorithms, automated billing systems, and a legal team that files debt lawsuits like it’s a clerical task. On the other: Dusty Jones, presumably sitting in his house on Highway 70, getting a summons in the mail for a debt that ballooned past his credit limit thanks to interest rates as high as 29.99%—rates the bank warned him about, sure, but still charged when he couldn’t keep up. It’s like handing someone a flamethrower and then suing them when they burn down the house.

Are we rooting for Dusty? Honestly? A little. Not because he’s innocent—he agreed to the terms, and if he spent the money, he should pay it. But because this whole system feels rigged. The credit card game is designed so that people fall behind. The minimum payments are set low on purpose. The interest compounds daily. The warnings are in fine print. And when you finally can’t keep up, the same company that profited from your debt for years turns around and sues you for it. It’s not justice. It’s collection. And it happens thousands of times a day across America.

So here’s the real story: not that Bank of America is suing Dusty Jones for $3,126.97. That’s not the story. The story is that this is normal. That this is routine. That in a quiet courthouse in Marshall County, Oklahoma, a man is about to face a legal battle over a debt that grew out of control thanks to a system that profits from people losing control. And that somewhere, a lawyer in Colorado is already drafting the next one. And the next. And the next. All for less than four grand. Welcome to American debt court. Grab a seat. Your number’s up.

Case Overview

Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$3,127 Monetary

Plaintiffs

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

Defendants

DUSTY JONES individual

Claims

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

Petition Text

2,336 words

IN THE DISTRICT COURT OF MARSHALL COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. DUSTY JONES Defendant(s). Case No. CS-24-50 FILED ANGELA MALDONADO MAR 8 & 2025 PETITION COMES NOW the Plaintiff, by and through counsel, Nelson and Kennard, PLLP, 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 XXXXXXXXXXXXX6141. 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 11/30/24, the balance due at time of default was $3,126.97. 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 $3,126.97. 7. The date of the last payment made by the Defendant(s) is April 18, 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), DUSTY JONES in the amount of $3,126.97, 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 February 2, 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 BANK OF AMERICA P.O. BOX 15284 WILMINGTON, DE 19850 DUSTY JONES 608 HIGHWAY 70 N KINGSTON OK 73439-8208 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 $3,061.32 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $65.65 New Balance Total $3,126.97 Total Credit Line $2,500.00 Total Credit Available $0.00 Cash Credit Line $400.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 11/20/2024 Days in Billing Cycle 31 New Balance Total $3,126.97 Current Payment Due $96.00 Past Due Amount $864.00 Total Minimum Payment Due $960.00 Payment Due Date 12/17/2024 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 $39.00 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 made 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>13 years</td> <td>$6,644.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. Visa Signature® Account# 6141 October 21 - November 20, 2024 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 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. 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. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space 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>11/20</td> <td>11/20</td> <td><b>Interest Charged</b></td> <td></td> <td></td> <td></td> <td>65.65</td> </tr> <tr> <td>11/20</td> <td>11/20</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td></td> <td>65.65</td> </tr> <tr> <td>11/20</td> <td>11/20</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td>11/20</td> <td>11/20</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td>11/20</td> <td>11/20</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td></td> <td>0.00</td> </tr> <tr> <td colspan="6"><b>TOTAL INTEREST CHARGED FOR THIS PERIOD</b></td> <td>$65.65</td> </tr> </table> <table> <tr> <th>Total fees charged in 2024</th> <th>$351.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$631.85</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>24.99%V</td> <td></td> <td></td> <td></td> <td>$3,092.97</td> <td>$65.65</td> </tr> <tr> <td>Balance Transfers</td> <td>24.99%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>24.99%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. 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> </th> </tr> <tr> <td>.00</td> <td>Base Cash Back Earned</td> </tr> <tr> <td>.64</td> <td>Total Cash Back Available</td> </tr> </table> Make the most of your rewards program today! 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