Sued by Bank of America in Kentucky? Here's What to Do Next

2014 · consent order

$772M total ($727M consumer relief to ~2.9M consumers + $20M CFPB penalty + $25M OCC penalty)

CFPB consent order finding Bank of America deceptively marketed credit card payment-protection and identity-protection add-on products ("Credit Protection Plus," "Credit Protection Deluxe," "Privacy Guard," "Privacy Source," "Privacy Assist") and illegally charged approximately 1.9M consumer accounts for credit monitoring services they were not receiving.

CFPB source

2022 · consent order

$100M consumer relief + $10M CFPB civil money penalty (garnishment portion)

CFPB consent order finding Bank of America engaged in unfair garnishment practices, including responding to and processing garnishment notices against out-of-state deposit accounts in violation of state law and failing to apply state exemptions to consumers' deposit accounts after receiving garnishment notices.

CFPB source

Statute of Limitations Defense

In Kentucky, the statute of limitations for credit card debt is 5 years. If your last payment was more than 5 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Kentucky Wage Garnishment Exemptions

Federal limits apply. 75% of disposable earnings exempt.

Kentucky Consumer Protection Act

In addition to the federal FDCPA, Kentucky's Kentucky Consumer Protection Act may provide additional protections and remedies against Bank of America's collection practices.

Kentucky Court System

Small claims limit $2,500. Circuit court handles most civil cases. Filing fees in Kentucky typically range $40-$200.

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.

How long to respond in Kentucky?

20 days from service.

What is the SOL for credit card debt?

5 years. Written contracts have a 15-year SOL.

Can wages be garnished?

Yes. Federal limits apply.

Where are debt cases filed?

Small claims up to $2,500. Circuit court for most debt cases.

How long can a creditor sue me for unpaid credit-card debt in Kentucky?

Kentucky's statute of limitations is 10 years for written contracts under KRS § 413.090, although a 2014 amendment shortened the SOL to six years for written contracts entered into on or after July 15, 2014 under KRS § 413.160. For credit-card debt, most Kentucky courts apply the six-year limit if the account was opened on or after July 15, 2014, or the older 15-year limit for very old written agreements. Oral contracts and open accounts are five years under KRS § 413.120. The clock starts on the date of the last payment. If you are sued after the limitations period, statute of limitations is an affirmative defense you must plead in your answer under Kentucky Civil Rule 8.03 or you waive it. Filing a time-barred suit can support an FDCPA counterclaim under 15 U.S.C. § 1692e(2) and a Kentucky Consumer Protection Act claim under KRS § 367.170.

How much can be garnished from my Kentucky paycheck?

Kentucky wage-garnishment law at KRS § 427.010 follows the federal Consumer Credit Protection Act limit at 15 U.S.C. § 1673. The creditor can take the lesser of 25 percent of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings means gross pay minus required deductions like federal and state income tax, FICA, and Medicare. Child support, alimony, and federal student-loan garnishments follow different and higher percentages. Social Security, SSI, VA benefits, unemployment, workers compensation, and most retirement income are exempt under federal law and KRS § 427.150. After the wage-garnishment order is served, you can file a claim of exemption with the court to preserve protected wages or to claim hardship under KRS § 425.526.

Can a Kentucky debt collector take my home?

Kentucky's homestead exemption at KRS § 427.060 is relatively low at $5,000 per debtor (or $10,000 for a married couple) compared to other states. If you have substantial equity in your home, a judgment creditor can record the judgment under KRS § 426.720 to create a lien against your real estate and eventually force a sale, although such forced sales of primary residences are rare for moderate consumer debts. The homestead exemption protects the first $5,000 of equity from forced sale. Federal Social Security and VA benefits, retirement accounts, and disability income deposited into bank accounts remain protected under federal law and Kentucky's exemption statute at KRS § 427.150. If you face a foreclosure-style execution, consult a Kentucky attorney quickly because the procedure under KRS Chapter 426 has tight deadlines.

Is the debt collector licensed in Kentucky?

Kentucky regulates collection agencies through the Department of Financial Institutions, and collection agencies must register and meet bonding requirements under KRS Chapter 286. Unlicensed activity can support an affirmative defense in a collection lawsuit and a Kentucky Consumer Protection Act claim under KRS § 367.170. You can verify whether a collector is registered by contacting the Kentucky Department of Financial Institutions at 502-573-3390 or searching its online licensee database. If a collector is not licensed, you can complain to DFI and to the Kentucky Attorney General Consumer Protection Office at 1-888-432-9257. Combining the unlicensed-activity argument with a federal FDCPA claim under 15 U.S.C. § 1692e(5) for threatening action the collector cannot legally take strengthens the defense significantly.

What is the process if I am sued in Kentucky district court for a debt?

If you are sued in Kentucky district court for an amount up to $5,000 under KRS § 24A.120, you must file a written answer within 20 days of service under Kentucky Civil Rule 12.01, or appear at the trial date listed on the summons if proceeding under small-claims rules. In your answer, deny the allegations you do not know to be true, demand strict proof of the chain of assignment from the original creditor, and assert affirmative defenses including statute of limitations under KRS § 413.160, lack of standing of the assignee, and any Kentucky Consumer Protection Act counterclaim under KRS § 367.170 or FDCPA counterclaim under 15 U.S.C. § 1692k. The Kentucky Court of Justice provides fillable forms for self-represented litigants through the AOC. Default judgment is entered automatically under Kentucky Civil Rule 55 if you do not respond on time.