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

George Simons | December 06, 2023

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

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 a default 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!

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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. Keep in mind that the deadline is different in each state. Check for your stat's deadline here.

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

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

Who does Bank of America use for debt collection?

Like we said, Bank of America does not use a collections agency to collect on debt. It has a designated department that works internally to contact consumers and get them to pay off their debts. This might seem intimidating, since Bank of America is such a huge corporation, but just like any collection agency, Bank of America must have documentation of a debt to be able to pursue it.

That being said, it's not impossible for Bank of America to sell your debt to a collections agency. In fact, if BofA sells your debt to an agency, it's probably because they lack the proper documentation needed to prove its side of the case. So, if a debt collection agency is contacting you about an old debt with Bank of America, you should investigate before taking any action.

Remove BofA collections from your credit report

If Bank of America has contacted you about a debt you supposedly owe, and you've noticed a negative mark on your credit report, try sending a Debt Validation Letter. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive and manipulative debt collection tactics. You might feel that you've experienced such tactics with Bank of America. If this is the case, sending a Debt Validation Letter can protect you from further harrassment.

When Bank of America contacts you about a debt you owe, it must verify the debt within 5 days of initial contact (as per the FDCPA rules). You should send a Debt Validation Letter within 30 days of initial contact, especially if you suspect that the debt is fraudulent or past the statute of limitations. BofA must validate the debt or stop contacting you after receiving request for debt validation. If BofA keeps trying to contact you about the debt without validating it, this is a clear violation of the FDCPA.

Bank of America must include the following information to validate the debt:

    1. The amount of the debt.
    2. The name of the creditor.
    3. The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30 days.
    4. If you send the collector a Debt Validation Letter they will need to mail you validation of the debt.
    5. If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor.

You can draft a Debt Validation Letter in minutes with SoloSuit.

For more information on drafting and sending a Debt Validation Letter, check out this video:

Bank of America debt collection is pretty common

You might feel overwhelmed by your debt or debt lawsuit with Bank of America, but you're not alone. Hundreds of thousands of consumers are contacted by Bank of America's collections department each year. It's possible for you to get them off your back by negotiating a settlement.

You can reach a credit card settlement with Bank of America—Here's how

After you've filed your written Answer in court, try reaching out to Bank of America to negotiate a settlement. Keep in mind that you can likely reach a settlement for less than the original amount you owed. In fact, Bank of America is known to settle for 25%-55%, depending on the circumstances.

Like we mentioned, it's important to file your Answer before negotiating a settlement. Sometimes, creditors like Bank of America may reach a settlement with you and then go behind your back and continue with the court case by filing a default judgment against you when you fail to Answer in time. After responding in court, use SoloSettle to send a debt settlement offer and begin the negotiation process.

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You have options if Bank of America sues you for credit card debt

The most important thing is to remember that you have options. If you're experiencing financial hardship, be honest and explain your situation to Bank of America. BofA's debt settlement programs can help you break up your payments into chunks so you don't have to pay everything at once.

Check out this video to learn about three steps you can take to settle your debt with Bank of America for good:

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