Waynoka woman charged with using mother's name for credit card
October 17, 2021
A Waynoka woman has been charged with allegedly running up a credit card bill of over $5,000 in her mother’s name.
According to court documents in the case, on Oct. 5 John and Grace Mathes spoke with Woods County Sheriff’s Deputy David Cummings at courthouse. Grace said she noticed in a recent newspaper that she was being sued by Capital One, and they were trying to find out more information.
John and Grace said they do not have any accounts with Capital One, and they came to meet their daughter Melinda Clayton at the courthouse to figure out how to resolve it. Grace said she spoke with Melinda the previous evening, and she confessed that she had used her mother’s name to obtain the credit card and had made the purchases.
The Woods County Sheriff’s Office had not yet received the civil papers to be served on Grace. Due to the information in the newspaper, Cummings went to the court clerk’s office to obtain further information. He received a copy of the civil papers and presented them to John and Grace. He advised them it was not considered a service, and the sheriff’s office would be serving them once the service copies came to their office.
The civil papers with Capital One Bank were on a Visa Signature credit card in the name of Grace E. Mathes.
Deputy Cummings asked John and Grace if they were requesting charges be filed. At the time Grace appeared unsure, but they eventually decided it was necessary. Cummings told her Capital One would at least need a police report disputing the identity. He gave them voluntary statement forms and told them to talk over what they wanted to do. He also advised them to consult an attorney regarding how to resolve the civil lawsuit. The couple left the courthouse.
Later John and Grace returned to the sheriff’s office with their daughter Mandy (Melinda) who said she was there to turn herself in. In a post Miranda interview, Mandy said she purchased her home through her mother by making monthly payments to her. Since then, Grace continues to receive mail at the residence despite not living there. Mandy said she always threw away what she considered to be “junk mail.’
But in January 2019, she and her husband were having a difficult time paying bills. When she received the Capital One mail with a credit card inside, she called and activated the card and began making purchases. She said she created an online account and paid the bill each month until June 2021 when she was unable to afford it, and the account had been closed by Capital One.
Mandy said she thought it would have taken longer for Capital One to file a lawsuit, giving her time to catch up on the card. Mandy said all purchases were made by her and she takes full responsibility for her actions. Cummings asked her how much was on the account, and she said approximately $5,100 which she said she would pay back in full. According to the last statement provided in the civil papers, in June 2021, the total outstanding balance was $5,012.31.
On Oct. 5 a lawfully signed search warrant was issued in Woods County District Court for exact details of the Capital One Bank account. On Oct. 6 the search warrant was executed by uploading on Capital One Bank’s online law enforcement portal.
A criminal history check through NCIC found both misdemeanor and felony charges for bogus checks in Woods and Wagoner Counties for Clayton.
On Oct. 13 Melinda Kathleen Clayton, Alias: Melinda Kathleen Rogers, 39, of Waynoka, was charged with felony value – false pretenses, bogus check, con game. This felony is punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five years or in the county jail for a term not to exceed one year, or by a fine not to exceed $5,000, or by both such imprisonment and fine.