Sued by Bank of America For Debt?

Many original creditors do not file lawsuits or they sell their accounts to a debt buyer.  

Bank of America has historically kept their own accounts and pursued them by filing collection lawsuits.

Bank of America Will Produce Documents and Rely on an Affidavit

Bank of America will rely on witness testimony in a “business record affidavit” when trying to prove their case against you.  It is important to fully understand the rules of evidence when attacking these affidavits and any documents attached.  

If you have recently been served with a Bank of America lawsuit then you should take action to protect yourself.

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What to do if Bank of America Has Sued You

If you have been sued by Bank of America, it means that they have taken legal action against you in an attempt to collect a debt that they claim you owe. When you are sued by a debt bank, it is crucial to take the matter seriously and respond appropriately.

  • Do Not Ignore the Lawsuit:  Ignoring the lawsuit will result in a default judgement against you followed by potential garnishment of your bank account or wages depending on state collection laws.
  • Hire an attorney on a Flat Fee –  Navigating the Court process can be complicated.  Additionally, you will likely be required to appear in Court one or more times.  If you hire an attorney they will likely be able to appear for you.  You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.
  • File a Response to the Complaint:  You must respond to the lawsuit by filing an answer with the court within the specified deadline (usually 14-30 days from service).  The deadline varies depending on what Court the case was filed in.   In your answer, you generally must deny the allegations of LVNV Funding or you will admit the debt.
  • List Defenses: In your answer, you can also assert any valid defenses you may have, such as disputing the debt’s accuracy, claiming the debt is past the statute of limitations, or arguing that you’re not the responsible party.
  • Attend Court Hearings (or hire an attorney): The Court will likely set deadlines and hearings in your case.  Make sure to attend all scheduled hearings and proceedings and handle all deadlines.  This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.
  • Comply with Court Orders: Follow any court orders or judgments. Failure to do so can result in additional legal consequences.
  • Prepare for Trial: If negotiations fail and the case goes to trial, work with your attorney to prepare a strong defense and gather evidence to support your position.
  • Negotiate a Settlement:  Your attorney may be able to negotiate a favorable settlement as opposed to leaving it up to the judge at trial.  This is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written settlement agreement to ensure the debt is actually resolved.

What Happens With a Judgment?

Your Bank Account Can Be Frozen and Emptied by Many Judgment Creditors

A Judgment Can Often Cloud Title on Your Homestead Property

A Judgment is Published on your Credit Report as a “Public Record”

With a Judgment, certain property can be sold at auction to pay towards the judgment

Do I Need a Lawyer?

Without a Lawyer

Default Judgment
The vast majority of collection lawsuits end up with a judgment against the consumer. This is primarily because the consumer did nothing to protect themselves or they attempted to defend the lawsuit themselves.

With a Lawyer

Default Judgment

Most of our cases are dismissed by the creditor prior to trial or we reach a favorable settlement for our clients depending on the circumstances of their situation.

Our Results with Bank of America a/k/a FIA Card Services

1) Bank of America/FIA Card Services vs. Our Client
002-02037-2010; Collin County Court at Law No. 2
Result: Case Dismissed, no money paid to BOA

2) Bank of America/FIA Card Services vs. Our Client
970636; Harris County Court at Law No. 1
Result: Case Dismissed, no money paid to BOA

3) Bank of America/FIA Card Services vs. Our Client
CV52C0293199; Harris County Justice Court 5-2
Result: Case Dismissed, no money paid to BOA

4) Bank of America/FIA Card Services vs. Our Client
966934; Harris County Court at Law No. 4
Result: Case Dismissed, nothing paid to BOA

5) Bank of America/FIA Card Services vs. Our Client
JC-6519; San Patricio County Justice Court Pr. 4;
Result: Case Dismissed, nothing paid to BOA

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.

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