CJ-2026-00020 - American Express National Bank v. Eddie Leyba a/k/a Edward Leyb Jr.

What's This Case About?

Let’s be real: nobody expects a full-blown court case over a credit card bill—unless you're American Express, apparently, and someone owes you $20,000 and still hasn’t gotten the memo. In a move that screams “we will have our money, even if it takes a judge,” American Express National Bank has hauled a small Oklahoma construction company and its owner into the District Court of Atoka County, population: not that many, for the crime of… not paying their bill. And not just any bill—a trio of credit card balances totaling exactly $20,125.96, because nothing says “legal precision” like being off by 96 cents from a nice round number.

So who are we talking about here? On one side, you’ve got American Express, the financial Goliath known for its “Don’t Leave Home Without It” slogan and a legal team that apparently never leaves home without a summons. They’re represented by the Rutledge Law Firm, P.C.—a debt collection outfit that, let’s be honest, probably sends more petitions than birthday cards. On the other side? Eddie Leyba, also known as Edward Leyb Jr. (yes, the court filing includes both names, possibly because someone wasn’t sure which one stuck), a resident of Atoka County, Oklahoma. And his business, EL Construction LLC, which sounds like the kind of mom-and-pop operation that fixes roofs after hailstorms and probably pays its electric bill in cash. These are not Wall Street titans. This is a guy who likely wears work boots to the bank and probably thought “charge it” just meant “I’ll deal with this later.”

But “later” has arrived—with interest. According to the filing, Leyba and his company each owe AmEx $20,125.96. Wait, what? That can’t be right—how can both the man and his company owe the same amount? That’s like being billed twice for the same pizza. But hold on—because the real kicker is in the details. It turns out this isn’t one credit card. Oh no. This is a trifecta of debt. Three separate American Express accounts, each with its own balance, all allegedly tied to the same guy and his construction business. Account #81006: $5,566.52. Account #41002: $3,605.35. And the big one—Account #93009: $10,954.09. Add ‘em up, and you get the grand total: $20,125.96. So why are both the man and the company being sued for the full amount? That’s the million-dollar question—except it’s a $20k question, and we’re in Atoka County, so it’s more like a pickup-truck-and-a-half question.

Now, let’s unpack what actually went down. At some point, Eddie Leyba—either personally or through his company—signed up for American Express cards. There was a Cardmember Agreement (fancy legal speak for “the fine print you didn’t read”), which allowed AmEx to front money for purchases or cash advances. Every time Leyba swiped, tapped, or called in to buy something—maybe lumber, fuel, tools, or even a new trailer—AmEx paid the vendor and added it to the tab. Standard credit card stuff. But then… the payments stopped. According to AmEx, they sent notices, made demands, and waited. And waited. And finally, after no objections were filed within the 60-day dispute window (a key clause in the agreement), they decided to stop being polite and started being litigious.

So here we are. The bank claims it followed all the rules, made all the demands, and gave every chance to pay up. Leyba and EL Construction? Radio silence. No defense filed, no countersuit, no “actually, I only bought one of those $800 drills.” Just… nothing. Which, in court terms, is basically a free pass for the plaintiff to waltz in and say, “See? They’re not even denying it.” And that’s how you end up with a lawsuit that’s less “dramatic courtroom showdown” and more “cold, hard arithmetic with legal padding.”

Now, what does American Express actually want? A judgment for $20,125.96—plus court costs. No punitive damages, no injunction, no demand that Eddie name his firstborn “Amex.” Just the money. And while $20k might not sound like a fortune to a multinational bank, for a small construction business in rural Oklahoma? That’s serious cash. We’re talking about the cost of a decent dump truck, six months of payroll for a couple of workers, or a very long stretch of not having to fix a roof in the rain. For a company that likely runs on tight margins, this could be the difference between staying afloat and folding up the trailer. But from AmEx’s perspective? This is just business. They’re not here to judge—they’re here to collect. And if that means suing a guy in Atoka County, so be it.

Here’s the thing: there’s nothing particularly wild about this case. No affairs, no stolen goats, no dramatic courtroom confessions. Just a credit card company doing what credit card companies do—chasing debt. But that’s what makes it so perfectly petty. This isn’t a heist. It’s not even a scam. It’s just… life. Someone got in over their head, missed payments, and now a corporate giant with a law firm on speed dial is treating a late bill like a felony. And the most absurd part? The fact that both the man and the company are being sued for the full amount. Is American Express planning to collect twice? Or is this just a legal CYA move—“better to sue everyone and let the court sort it out”? It’s like sending two identical invoices and then getting mad when only one gets paid.

We’re not rooting for the debt. We’re not rooting for the late fees. But you can’t help but feel for the little guy—the guy who probably thought he was building houses, not building a case file. At the same time, come on—three credit cards? In Atoka County? That’s not financial planning. That’s a red flag waving in a tornado. If Eddie Leyba was using personal cards for business expenses—or worse, business cards for personal expenses—then this was a debt avalanche waiting to happen. And now it’s here.

In the end, this case is less about justice and more about the machine. American Express didn’t file this because they’re hurt. They filed it because they can. Because their algorithm flagged an unpaid balance, their legal department auto-generated a petition, and a lawyer in Houston signed it without ever meeting Eddie Leyba. This is capitalism on autopilot. And somewhere in Oklahoma, a construction guy is probably wondering how a few swipes turned into a court summons.

Welcome to the American Dream, where the cardmember agreement is the new constitution, and your credit score is your moral compass.

Case Overview

$20,126 Demand Petition

Jurisdiction

District Court of Atoka County, Oklahoma

Filing Attorney

W. 'Will' Rutledge

Rutledge Law Firm, P.C.

Relief Sought

$20,126 Monetary

Plaintiffs

American Express National Bank business
Rep: Rutledge Law Firm, P.C.

Defendants

Eddie Leyba a/k/a Edward Leyb Jr. individual
EL Construction LLC business

Claims

#	Cause of Action	Description
1

Petition Text

818 words

IN THE DISTRICT COURT OF ATOKA COUNTY STATE OF OKLAHOMA AMERICAN EXPRESS NATIONAL BANK ) ) Plaintiff, ) ) ) vs. ) EDDIE LEYBA a/k/a EDWARD LEYB JR. ) ) and EL CONSTRUCTION LLC ) ) Defendants. ) Case No. CT-26-20 JUDGE MONDY PLAINTIFF'S ORIGINAL PETITION COMES NOW Plaintiff, AMERICAN EXPRESS NATIONAL BANK ("Plaintiff"), and for its causes of action against Defendants, EDDIE LEYBA a/k/a EDWARD LEYB JR. and EL CONSTRUCTION LLC states and alleges as follows: 1. Plaintiff is American Express National Bank, a federal savings bank organized under the laws of the United States. 2. Defendant EDDIE LEYBA a/k/a EDWARD LEYB JR., is a resident of ATOKA County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 3. Defendant EL CONSTRUCTION LLC, is a business entity doing business in Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 4. That the underlying obligations owed by the Defendants to the Plaintiff result from charges made by the Defendants on an AMERICAN EXPRESS NATIONAL BANK credit account. 5. That Defendant, EDDIE LEYBA a/k/a EDWARD LEYB JR. (SSN ending in ***-**-6291) is indebted to Plaintiff for the sum of $20,125.96. 6. That Defendant, EL CONSTRUCTION LLC is indebted to Plaintiff for the sum of $20,125.96. 7. AMERICAN EXPRESS NATIONAL BANK is the lawful holder of the Account and Defendants have failed, refused, and neglected to pay the same after due and proper demand thereof. 8. Plaintiff has complied with all the terms, conditions, and provisions of the account and is duly empowered to bring this action. 9. Plaintiff and Defendants entered into a Cardmember Agreement (the "Agreement") for an American Express credit card That the underlying obligations owed by the Defendants to the Plaintiff result from charges made by the Defendants on an AMERICAN EXPRESS NATIONAL BANK credit account ending in #81006. Under the terms of the Agreement, Plaintiff made cash advances to Defendants, either as actual cash or in payment for purchases made by the Defendants from third parties. Defendants accepted each advance for goods and/or services, pursuant to the terms of the Cardmember Agreement, and became bound to pay Plaintiff the amounts of those advances plus applicable interest and finance charges. The balance due on this account is $5,566.52. 10. Plaintiff and Defendants entered into a Cardmember Agreement (the "Agreement") for an American Express credit card That the underlying obligations owed by the Defendants to the Plaintiff result from charges made by the Defendants on an AMERICAN EXPRESS NATIONAL BANK credit account ending in #41002. Under the terms of the Agreement, Plaintiff made cash advances to Defendants, either as actual cash or in payment for purchases made by the Defendants from third parties. Defendants accepted each advance for goods and/or services, pursuant to the terms of the Cardmember Agreement, and became bound to pay Plaintiff the amounts of those advances plus applicable interest and finance charges. The balance due on this account is $3,605.35. 11. Plaintiff and Defendants entered into a Cardmember Agreement (the "Agreement") for an American Express credit card That the underlying obligations owed by the Defendants to the Plaintiff result from charges made by the Defendants on an AMERICAN EXPRESS NATIONAL BANK credit account ending in #93009. Under the terms of the Agreement, Plaintiff made cash advances to Defendants, either as actual cash or in payment for purchases made by the Defendants from third parties. Defendants accepted each advance for goods and/or services, pursuant to the terms of the Cardmember Agreement, and became bound to pay Plaintiff the amounts of those advances plus applicable interest and finance charges. The balance due on this account is $10,954.09. 12. The Agreement provides that Defendants may object, in writing and within sixty (60) days of notice of the charge, to any disputed charges under the Agreement. Defendants have made no objections to any charges under the Agreement, despite receiving notice of such charges more than sixty (60) days prior to the filing of this lawsuit. 13. Defendants have failed to repay all of the advances made under the Agreement. The current balance due, owing and unpaid under the Agreement, after allowing all just and lawful payments, credits and offsets, totals $20,125.96. Plaintiff has made demand upon Defendants for payment of the balance due under the Agreement, but Defendants have failed and refused to pay the balance. 14. Plaintiff is entitled as a matter of law to a judgment in its favor and against Defendants, EDDIE LEYBA a/k/a EDWARD LEYB JR. and EL CONSTRUCTION LLC, for the total remaining due such being $20,125.96. WHEREFORE, PREMISES CONSIDERED, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, prays for judgment against the Defendants EDDIE LEYBA a/k/a EDWARD LEYB JR. and EL CONSTRUCTION LLC in the sum of $20,125.96, together with the costs of this action and all other relief to which the Plaintiff may be entitled. Respectfully submitted, Rutledge Law Firm, P.C. By: _________________________________ W. "Will" Rutledge, OBA #36346 2603 Augusta Drive; Suite 500 Houston, TX 77057 Telephone 833-856-4700 Facsimile 832-843-0699 [email protected] ATTORNEYS FOR PLAINTIFF