CJ-2026-1801 - BANK OF AMERICA, N.A. v. ASHLEY A MOYNIHAN

What's This Case About?

Let’s be real: who among us hasn’t stared down a credit card bill and whispered, “I’ll deal with this later”—only to have “later” show up in the form of a lawsuit from Bank of America demanding over $22,000? But for Ashley A. Moynihan of Oklahoma City, that casual financial procrastination has officially escalated into full-blown courtroom drama. No murder weapons, no cheating spouses, just one woman, one maxed-out credit card, and a financial institution that’s done playing nice. Welcome to the wild world of civil court, where the stakes aren’t life or liberty—they’re your credit score and whether you can afford to keep the lights on after paying your lawyer.

Ashley A. Moynihan is, as far as we can tell, a regular person living in Oklahoma City, which is to say she probably enjoys thunderstorms, Sonic drive-thrus, and the occasional deep fry at the state fair. She’s not a celebrity, not a politician, not a TikTok influencer with a side hustle in pyramid schemes. She’s just someone who, at some point, signed up for a Bank of America credit card—likely with the best intentions. Maybe she needed to cover car repairs. Maybe she was building credit. Or maybe, just maybe, she discovered the liberating joy of swiping plastic when the rent was due and the bank account wasn’t. Whatever the reason, she entered into what seemed like a simple agreement: spend money now, pay it back later, plus a little interest for the privilege of pretending you’re rich. Classic American Dream stuff.

But dreams have a way of curdling, especially when interest rates are north of 25%. According to Bank of America’s lawsuit, filed January 27, 2026, in Oklahoma County District Court, Ashley opened a credit account, used it, and then… stopped paying. The last payment she made? November 4, 2024. That’s over a year of radio silence. Meanwhile, the debt didn’t just sit there like a sad balloon losing air—it ballooned. By June 30, 2025, the bank officially “charged off” the account, which is corporate-speak for “we’ve given up on you ever paying us back voluntarily.” The balance at that point? $22,135.41. That’s not a typo. Let that sink in: a little over two years ago, the total credit line on the card was $18,500. Ashley didn’t just max it out—she blew past it, and the interest kept racking up like a cab meter in a bad decision.

Now, before you start drafting sympathy cards, let’s look at the numbers. The final statement, dated June 27, 2025, shows a previous balance of $21,666.12. Then, like a final insult, the bank tacked on $469.29 in interest—just for that one billing cycle. That’s nearly five hundred bucks in interest alone in 31 days. How? Because the APR on purchases was 25.24%—variable, of course, because nothing in credit card land is ever fixed. And if she’d taken a cash advance? Oh, honey, that would’ve been 28.99%. The statement even includes a cheerful little table warning her that if she only pays the minimum, it’ll take 30 years to pay off the balance—and she’ll end up shelling out nearly $57,000 in total. That’s more than double the original debt. It’s not a credit card. It’s a financial horror movie with a happy ending only if you win the lottery.

So why are we here, in a courtroom, watching a bank sue an individual over money that, let’s be honest, probably got spent on things like groceries, gas, and maybe one too many DoorDash orders? Because Bank of America is alleging breach of contract—a fancy way of saying, “You agreed to pay us, and you didn’t.” That’s it. No fraud, no identity theft, no dramatic story of Ashley fleeing the country with a suitcase full of cash. Just a broken promise to pay, as outlined in the fine print she definitely didn’t read when she signed up. The bank wants $22,135.41—plus court costs, sheriff’s fees, and whatever other bureaucratic tolls come with dragging someone into civil court. Is $22,000 a lot? In the grand scheme of lawsuits, it’s not exactly Erin Brockovich territory. But for an average Oklahoman? That’s a car, a year of rent, or a really ambitious vacation. It’s life-altering money.

And yet, here’s the absurd part: Bank of America isn’t even asking for punitive damages. They’re not trying to teach Ashley a lesson. They’re not demanding she attend financial literacy classes or write a letter of apology. They just want their money. Or, more accurately, they want the court to order her to pay it, so they can start garnishing wages or seizing assets if necessary. This isn’t personal. It’s procedural. They’ve got a machine—Nelson and Kennard, LLP, a debt collection law firm based in Colorado—and they feed it defaulted accounts like this one, and it spits out lawsuits like pancakes at a Sunday brunch. Ashley isn’t a person to them. She’s a case number, a four-digit account suffix (XXXX4801), a line item in a portfolio of delinquent debt.

So what’s our take? We’re not rooting for the bank. Not because they don’t have a legal right to collect what’s owed—but because the whole system feels like a rigged game. Ashley signed a contract, sure, but it was written in a language no human was meant to understand, full of variable rates, compounding interest, and “Custom Pay Plans” that sound like self-help programs but are actually debt traps. She missed payments, yes—but the bank didn’t exactly sit on its hands. They kept charging interest. They kept sending statements. They even noted that her account was “in a restricted status and not available for use”—which means she couldn’t even spend more to dig herself deeper, but the debt kept growing anyway. It’s like being locked in a room with a leaky roof and being fined for not fixing it.

And let’s not pretend this is rare. This is how millions of Americans get buried. A medical bill. A job loss. A car that breaks down. One missed payment leads to late fees, which leads to higher interest, which leads to minimum payments that cover only the interest, and suddenly you’re in a financial black hole with no escape. Bank of America didn’t lend Ashley $22,000. They lent her less, and the rest is profit—pure, unadulterated interest extracted from her misfortune.

So while we can’t say Ashley is innocent—she did, after all, spend the money—we can say this: the real villain here isn’t a woman from Oklahoma City. It’s a system that turns basic financial survival into a high-stakes gamble, where the house always wins. And if you think this couldn’t happen to you? Check your credit card statement. Then check your pulse. Because in America, debt doesn’t just follow you to the grave. It sues you first.

Case Overview

$22,135 Demand Petition

Jurisdiction

District Court of Oklahoma County, Oklahoma

Filing Attorney

Ashton Dewayne Sears

Nelson and Kennard, LLP

Relief Sought

$22,135 Monetary

Plaintiffs

BANK OF AMERICA, N.A. business
Rep: Nelson and Kennard, LLP, Ashton Dewayne Sears, OBA # 35737

Defendants

ASHLEY A MOYNIHAN individual

Claims

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

Petition Text

2,648 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA BANK OF AMERICA, N.A., Plaintiff, vs. ASHLEY A MOYNIHAN Defendant(s). Case No. 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 XXXXXXXXXXXX4801. 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 6/30/25, the balance due at time of default was $22,135.41. 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 $22,135.41. 7. The date of the last payment made by the Defendant(s) is November 4, 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), ASHLEY A MOYNIHAN in the amount of $22,135.41, 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 27, 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 ASHLEY A MOYNIHAN 2719 NW 18TH ST OKLAHOMA CITY OK 73107-3934 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 $21,666.12 Payments and Other Credits $0.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Interest Charged $469.29 New Balance Total $22,135.41 Total Credit Line $18,500.00 Total Credit Available $0.00 Cash Credit Line $1,050.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 06/27/2025 Days in Billing Cycle 31 New Balance Total $22,135.41 Current Payment Due $685.00 Past Due Amount $4,550.00 Total Minimum Payment Due $5,235.00 Payment Due Date 07/24/2025 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 make no additional charges using this card and each month you pay</th> <th>You will pay off 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>30 years</td> <td>$57,232.00</td> </tr> </table> If you would like information about credit counseling services, call 866.300.5238. BANK OF AMERICA P.O. BOX 851001 DALLAS TX 75285-1001 ASHLEY A MOYNIHAN 2719 NW 18TH ST OKLAHOMA CITY OK 73107-3934 Account# 4801 May 28 - June 27, 2025 Account Number: 4801 Payment Due Date 07/24/2025 New Balance Total $22,135.41 Total Minimum Payment Due $5,235.00 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 you any interest on Purchases if you always pay your entire "Grace Period Balance", as defined in the next two paragraphs, by the Payment Due Date. Specifically, you will not pay interest for an entire billing cycle on Purchases if you Paid In Full the two previous Grace Period Balances on your account by their respective Payment Due Dates; otherwise, each Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date is later. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. If you do not have an active Custom Pay Plan, your Grace Period Balance will be the New Balance Total. New Balance Total (also referred to as the "Statement Balance") is the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement, plus any adjustments for subsequently returned payments. If you have an active Custom Pay Plan, your Grace Period Balance will be the Interest Saving Balance as shown on your monthly statement plus any adjustments for subsequently returned payments. The Interest Saving Balance is your New Balance Total minus, any balances subject to a Custom Pay Plan, plus any Custom Pay Plan Payment(s) due, as shown on your monthly statement. 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 these 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. We will first allocate the amount of your payment equal to the Total Minimum Payment Due to any Custom Pay Plan Payment due, then to the lowest APR balances in turn (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, and finally to any Custom Pay Plan balances. 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. 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 by: (1) calculating a daily balance for each day in the current 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 current billing cycle. To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance less any Purchases assigned to an existing Custom Pay Plan; (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; (4) subtract Purchases assigned to a new Custom Pay Plan; and (5) 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 by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current 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 the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current 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, 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 the current billing cycle that had a Pre-Cycle balance, we: (1) take the beginning balance attributable solely to a Pre-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; and (3) 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. ©2025 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. However, mailed payments need not be sent in a return envelope if we sent you a statement without a return envelope. 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 by 11:59 p.m. ET will be credited as of the date they are made. Credit for any other payments may be delayed up to five days. Cash payments made with our tellers will only be accepted with valid identification. No payment, including those marked with paid in full or with any other restrictive words, 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. When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account (or process it as a check or paper draft). When we use information from your check to make an electronic fund transfer, 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, you must contact 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>06/27</td> <td>06/27</td> <td><b>Interest Charged</b></td> <td></td> <td></td> <td>469.29</td> <td></td> </tr> <tr> <td>06/27</td> <td>06/27</td> <td>INTEREST CHARGED ON PURCHASES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>06/27</td> <td>06/27</td> <td>INTEREST CHARGED ON BALANCE TRANSFERS</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>06/27</td> <td>06/27</td> <td>INTEREST CHARGED ON DIR DEP&CHK CASHADV</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td>06/27</td> <td>06/27</td> <td>INTEREST CHARGED ON BANK CASH ADVANCES</td> <td></td> <td></td> <td>0.00</td> <td></td> </tr> <tr> <td colspan="5"><b>TOTAL INTEREST CHARGED FOR THIS PERIOD</b></td> <td colspan="2">$469.29</td> </tr> </table> <table> <tr> <th>Total fees charged in 2025</th> <th>$195.00</th> </tr> <tr> <th>Total interest charged in 2025</th> <th>$2,605.48</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>25.24%V</td> <td></td> <td></td> <td></td> <td>$21,892.31</td> <td>$469.29</td> </tr> <tr> <td>Balance Transfers</td> <td>25.24%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>28.24%V</td> <td></td> <td></td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Bank Cash Advances</td> <td>28.99%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. The Partner Rewards Program as outlined in the program rules for your credit card will be ending on June 25, 2025. If you used Partner Rewards to enroll in the Shell gas discount, you will no longer have the option to receive a Shell gas discount in lieu of credit card rewards after that date. If you are currently enrolled in the Fuel Rewards® program with Shell outside of Partner Rewards, this change does not impact that program. Your Reward Summary <table> <tr> <th>.00</th> <th>Base Cash Back Earned</th> </tr> <tr> <th>.00</th> <th>Total Cash Back Available</th> </tr> </table> Make the most of your rewards program today! Statements in Spanish? We can do that for you! Call 800.432.1000 or visit your nearest financial center. Exclusions apply. Not available for Commercial, Merrill, Private Bank and Small Business accounts.