General information, not legal advice. CuraDebt is not a law firm, does not prepare or file court documents, and does not represent you in court. Court deadlines and rules vary; if you have been sued, consider speaking with a licensed attorney promptly.
Sued By Bank Of America? Your Options And What To Do Next
Understanding Who Is Actually Suing You
Bank of America is a major bank and credit card issuer. As an original creditor it may sue directly on its own charged-off accounts, typically with direct records of the account. Because Bank of America is the original creditor and not a debt buyer, Bank of America usually holds the account records directly, so whether the Bank of America debt exists is often harder to dispute, even though the amount Bank of America claims can be questioned.
What Bank of America Has To Prove
As an original creditor, Bank of America usually holds the account records, so a Bank of America dispute more often centers on the amount than on whether the debt exists. As the original creditor, Bank of America can usually produce the cardholder agreement and statements, so the existence of a Bank of America debt is often harder to contest. What remains open with Bank of America is the claimed amount, the interest and fees, the timing, and whether the account is still within the statute of limitations, and responding on time is what preserves your ability to raise those points against Bank of America.
Can Bank of America Garnish Your Wages
Not without a judgment first. Bank of America cannot garnish your pay just for filing suit; Bank of America has to win a judgment before Bank of America can seek garnishment, and even then federal and state caps limit what Bank of America can take. A few states, including Texas, Pennsylvania, North Carolina, and South Carolina, bar wage garnishment for most ordinary consumer debts entirely, which would limit Bank of America regardless of a judgment. Answering the Bank of America suit is what stands between a claim and a judgment.
Where Settlement Fits Once You Are Sued
Do not assume a Bank of America suit has to go the distance. A large share of cases like the one Bank of America filed settle by agreement, at times below the full balance, because both you and Bank of America gain certainty by resolving it. Settling carries trade-offs, including credit impact and possible tax on forgiven debt, so the numbers matter. A free review can show whether this Bank of America account could go into a settlement program, and even if it cannot, your other, non-lawsuit debts often still can.
What You Can Do Now
There is usually a path forward. When Bank of America sues, people typically weigh some mix of these:
- Answer by the deadline. A written response to Bank of America stops a default and puts Bank of America to its proof.
- Check the statute of limitations. If the account Bank of America sued on is too old, that can be a defense; the statute of limitations calculator gives a general read by state and debt type.
- Weigh a settlement with Bank of America. Many cases like the one Bank of America filed resolve for less than the full balance.
- Talk to a licensed attorney, including free or low-cost legal aid, about your specific Bank of America case.
- Dispute the amount. Even if the Bank of America debt is yours, the fees, interest, and balance Bank of America claims can be examined.
An unpaid judgment from Bank of America does not simply fade, and it can pressure your wages, bank accounts, and credit. Depending on your situation, options include claiming exemptions, negotiating a settlement with Bank of America, or addressing the balance through a broader relief program. CuraDebt is a free service that reviews the information you submit and, where appropriate and permitted by law, matches you with independent, licensed providers for debt relief or tax resolution. CuraDebt is not a law firm and does not provide legal or tax advice. Results vary and are not guaranteed.
Frequently Asked Questions
What should I do first if I am sued by Bank of America?
Read your summons to find the response deadline, often about 14 to 30 days, and do not let it pass. Filing a written answer on time is what prevents a default judgment. Because a lawsuit is serious and time-sensitive, consider speaking with a licensed attorney in your state promptly.
Can I dispute a Bank of America lawsuit if it is the original creditor?
You can. Even though Bank of America usually holds the account records, you can still question the amount, the fees and interest, the timing, and whether the debt is within the statute of limitations. Responding on time preserves those points.
Can Bank of America garnish my wages?
Not without first obtaining a judgment. If the court enters one, garnishment may follow, subject to federal and state limits, and four states bar wage garnishment for most consumer debts. Responding to the suit is what stands between a claim and a judgment.
Can I still settle with Bank of America after being sued?
Often, yes. Many debt lawsuits are resolved by settlement, sometimes for less than the full balance, and it can happen after a suit is filed. Settlement affects credit and forgiven debt may be taxable, so it helps to understand the numbers first.
Does CuraDebt give legal advice or represent me against Bank of America, and is it a law firm?
CuraDebt is a free service that reviews the information you submit and, where appropriate and permitted by law, matches you with independent, licensed providers for debt relief or tax resolution. CuraDebt is not a law firm and does not provide legal or tax advice. Results vary and are not guaranteed.
Related Resources
- Debt Settlement Savings Estimator
- Debt Statute Of Limitations Calculator
- Wage Garnishment Calculator
- What To Do If A Debt Collector Sues You
