Sued by Bank of America? We'll Help You Respond and Push for Less
Bank of America is one of the largest financial institutions in the United States. They pursue collection on unpaid credit card accounts, personal loans, and other consumer debts through internal teams and outside collection law firms. Bank of America also sells some defaulted accounts to debt buyers. When they sue directly, their documentation tends to be more complete than debt buyers, but consumers still have viable defenses.
Type
Original Creditor
Parent Company
Bank of America Corporation
Common Debt Types
credit card, personal loan, home equity
Common FDCPA Violations by Bank of America
Hired collection agencies making harassing phone calls exceeding reasonable frequency
Filing suit on accounts with disputed billing errors that were never properly resolved
Collection attorneys adding improper attorney fees and costs to the claimed amount
Misrepresenting the consequences of not paying the debt
Reporting debt to credit bureaus without noting it is disputed
Your Situation With Bank of America
If Bank of America Has Not Sued You Yet
You have more leverage. Act now — this is the best time to negotiate.
- Pre-suit negotiations typically get better settlements
- If you are within 30 days of first contact, we send a debt validation letter
- Statute of limitations may bar the debt entirely
If Bank of America Has Already Filed a Lawsuit
Do not wait. The collector expects 70-80%, but we still push for less.
- You typically have a 30-day response deadline
- Missing the deadline can result in a default judgment
- Attorney negotiation still reduces the amount significantly
How We Handle Bank of America Cases
- Free case review. Tell us about the debt and whether you have been sued. We check the statute of limitations, screen for FDCPA violations, and determine if debt validation applies — at no cost.
- Debt validation (if applicable). If you are within 30 days of Bank of America's first contact, we send a debt validation letter via certified mail. This forces them to pause collection and prove the debt is valid.
- We evaluate your defenses. Common defenses against Bank of America include statute of limitations, lack of standing, incorrect amount, and FDCPA violations.
- You approve, we send. We prepare your response and settlement offer for Bank of America with your applicable defenses and financial circumstances built in; you review and sign, and we send it on your behalf.
- Written settlement agreement. We get everything in writing before you pay — exact amount, payment deadline, dismissal with prejudice (if sued), and full release of claims.
- FDCPA violations flagged. If Bank of America broke the law, you may be entitled to damages — we help you document it and can connect you with a licensed attorney to pursue a claim.
Your Rights When Sued by Bank of America
Right to demand proof they own the debt
Right to dispute the amount claimed
Right to raise statute of limitations defense
Right to damages for FDCPA violations
Sued by Bank of America in Your State?
Frequently Asked Questions About Bank of America
Does Bank of America sue for credit card debt?
Yes. Bank of America files lawsuits for unpaid credit card balances through its network of collection attorneys across the country.
What if I already paid Bank of America?
If you have proof of payment, this is a complete defense. Gather all payment records, settlement letters, and confirmation numbers to present in your Answer.
Can Bank of America freeze my bank account?
Only after obtaining a court judgment. If you bank at Bank of America and they obtain a judgment, they may have enhanced ability to levy your account through the right of offset.
Should I close my Bank of America account if they sue me?
Consider moving funds to a different bank to protect against potential right-of-offset if Bank of America obtains a judgment. Consult with an attorney about asset protection strategies.
Reviewed by Ariella, Esq. This information is for educational purposes and does not constitute legal advice.
Get Your Free Bank of America Case Review
We prepare your response and settlement offer for Bank of America; you review and approve everything. Free case review — no obligation.