Bank of America Is Suing Me For Credit Card Debt — How to win

George Simons

January 20, 2021

Summary: If you've been sued by Bank of America for a credit card debt, use SoloSuit to respond in just 15 minutes and win your lawsuit.

Did you just receive a lawsuit filed by Bank of America? If so, then you need to take action. Unlike a lot of credit card companies, Bank of America does not tend to sell overdue credit card accounts to other debt collection companies. Rather, Bank of America will take action to collect on an overdue, or defaulted, credit card account itself.

So, even though Bank of America seems like a behemoth of a company and you are only one person, you need to push back against that lawsuit. Why? Because there is a lot at stake.

While you may simply ignore a debt collector that constantly calls your phone, a lawsuit is different. It is something that you should pay attention to. That is because if you ignore a lawsuit then Bank of America (or whichever company is suing you) can obtain a legal judgment against you – called a “default judgment.” With that legal judgment, Bank of America has the legal authority to do things like harm your credit, garnish your wages, or gain access to the funds in your bank account. Those are not the results you want.

In this article, we take you through the things you need to know about Bank of America, and how you can fight back – and win – against a Bank of America lawsuit. If, after reading this article, you have more questions about how you can effectively respond to a Bank of America lawsuit, we invite you to contact us at SoloSuit. We are here to help those with debt, like you, stand up against debt collectors, and win!

SoloSuit makes it easy to win a debt collection lawsuit.

How Does Bank of America Wind Up Filing a Lawsuit Against You?

As noted, Bank of America does business a little differently than other credit card companies. With most credit card companies, they will sell the accounts that have unpaid bills to a debt collection agency and leave it to that agency to go after the card holder who owes money. Bank of America, however, tends to keep their own accounts, and it will attempt to obtain money owed by its customers by filing collection lawsuits.

Bank of America, however, is similar to other debt collectors in one important aspect – it assumes that you will not respond to the lawsuit. In fact, about 90% of customers with credit card debt fail to respond to a lawsuit filed against them. Therefore, in most cases, Bank of America does not have to do anything to obtain a judgment against its customers. Don't fall into that trap.

Because Bank of America is not used to consumers responding to its collection lawsuits, it is often not prepared to actually prove the lawsuit it filed. That is where you have the advantage simply by responding to the lawsuit in the allotted time.

In the next section, we will tell you how easy it is to respond to a collection lawsuit, particularly if you have someone in your corner like SoloSuit. But before moving on to how to respond, you should know that Bank of America is in legal hot water for other reasons. Recently, Bank of America has found itself on the wrong end of a class action lawsuit because it allegedly has engaged in deceptive consumer practices. Specifically, Bank of America misleads consumers into thinking that they automatically are paying off their entire monthly bill when they select the “Amount due” option with online payments. What Bank of America has been doing, however, is making the “Amount due” option pertain only to the minimum amount owed, not the full amount.

In sum, Bank of America is not on the “up and up” with regard to the way it treats its customers. That is all the more reason that you should fight back when they try to sue you in court.

How to Win Against a Bank of America Lawsuit.

You do not necessarily need a lawyer if you are sued for a credit card debt. We understand, lawyers are expensive. The key to properly responding to a collection lawsuit is to understand the format, and the due date, for your response.

The response to someone who files a lawsuit (or “Complaint”) in court is called an “Answer.” Typically, you have as many as 30 days or as little as 10 days to file your Answer depending upon the state you live in.

SoloSuit files for you.

When you file the Answer, you need to “admit” or “deny” each and every allegation in the numbered paragraphs in the Complaint. Also, you have the opportunity to assert what are called “affirmative defenses,” which are basically the reasons why you may not owe the credit card debt at all. Here are three main things you need to think about when filing an Answer:

  1. Be sure to address every allegation. Remember, you need to “admit” or “deny” each and every allegation in the numbered paragraphs in the Complaint;
  2. Don't forget to assert affirmative defenses. Such defenses could include things like: the credit card was not in your name, you have already paid the debt, the company already forgave the debt, or that the company is too late in suing you (i.e., the lawsuit was filed after the statute of limitations has run); and
  3. Mail the Answer to Court on time. Ensure that you mail the Answer to the appropriate court within the time allotted.

While those three steps may seem confusing, don't worry. With the help of SoloSuit it is really as easy as one, two, three.

SoloSuit makes it easy to respond to a debt collection lawsuit. SoloSuit is a step-by-step web-app that will ask you all the necessary questions to complete your Answer to a Complaint. When finished, you can either print the completed forms and mail in the hard copies to the courts. Or, even better, you can pay SoloSuit a small fee to file it for you, and also have an attorney review the document.

Don't Take a Bank of America Lawsuit Lying Down – Fight Back.

Remember, Bank of America will file a collection lawsuit hoping that you will ignore the suit. Get the help of SoloSuit to respond and make them prove their case. You will be pleased to know that Bank of America typically will not have the resources or documentation to actually prove their case. Let SoloSuit help you respond to the Bank of America lawsuit today. You have a way to fight back – and you can easily do it with the help of SoloSuit.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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