Bank of America Suing You? How to Fight Back and Win

Bank of America just sued you for credit card debt. You need to act fast.

Unlike most credit card companies, Bank of America rarely sells overdue accounts to collection agencies. They prefer to sue you directly. That means you’re facing a giant corporation with massive legal resources.

But you can fight back and win.

Ignoring the lawsuit is the worst mistake you can make. About 90% of people do nothing when sued for credit card debt. They ignore the papers, hoping the problem will disappear. It won’t. Bank of America wins most cases by default because people don’t respond.

A default judgment gives Bank of America legal power to garnish your wages. They can freeze your bank account. They can damage your credit for years. You don’t want that outcome.

The good news? You have options. Responding to the lawsuit protects your rights. It forces Bank of America to prove their case. Many debt lawsuits get dismissed because companies can’t provide proper documentation.

Our partner Solo helps people respond to debt lawsuits and negotiate settlements that work.

Why Bank of America Sues Customers Directly

Most credit card companies sell bad debt to collection agencies. Bank of America takes a different approach. They keep their accounts in-house and file collection lawsuits themselves.

Bank of America’s net charge-offs jumped from $807 million in 2023 to $1.5 billion in 2024. These are debts they don’t expect to collect. The increase shows how aggressively they’re pursuing delinquent accounts.

The silver lining? Rising charge-offs might make Bank of America more willing to settle. They may accept 25% to 80% of what you originally owed.

Bank of America knows most people won’t respond to lawsuits. They count on it. Filing the lawsuit is often all they need to do to win.

Don’t become another statistic.

What Happens When You’re Served

You receive a Summons and Complaint in the mail. The Summons tells you you’re being sued. The Complaint lists what Bank of America claims you owe.

You have a short deadline to respond. In most states, you get 14 to 30 days. Miss that deadline and Bank of America wins automatically.

Your response is called an Answer. The Answer is a legal document that addresses each claim in the Complaint. You must admit or deny every numbered allegation.

Filing an Answer accomplishes three things:

• It prevents a default judgment against you
• It forces Bank of America to prove their case
• It opens the door to settlement negotiations

Bank of America must provide documentation proving you owe the debt. They need the original credit card agreement. They need statements showing the charges. They need proof you stopped paying.

Sometimes they don’t have this documentation. Without proper proof, their case falls apart.

How to Write Your Answer

Your Answer needs to follow a specific format. Courts have strict rules about legal documents. Get the format wrong and the court might reject your Answer.

Here’s what your Answer must include:

Address Every Allegation

The Complaint contains numbered paragraphs. Each paragraph makes a claim about you or the debt. You must respond to every single one.

You have three options for each allegation:

• Admit it if you know it’s true
• Deny it if you know it’s false
• State you lack sufficient information if you’re unsure

When in doubt, deny the allegation or claim insufficient information. Bank of America bears the burden of proof. Make them prove their case.

Assert Your Defenses

Affirmative defenses explain why you don’t owe the debt. Common defenses include:

• The statute of limitations expired before they sued you
• You already paid the debt in full
• The credit card wasn’t yours or was opened fraudulently
• Bank of America can’t prove you owe the amount they claim
• They failed to provide required documentation

Include every defense that applies to your situation. You can’t add them later.

File and Serve Your Answer

You must file your Answer with the court by the deadline. You also must send a copy to Bank of America’s attorney. The process is called service.

Keep proof you filed and served the Answer. Get a receipt from the court. Use certified mail when sending to the attorney.

Our partner Solo walks you through each step and generates your Answer document.

Know Your State’s Deadline

Every state sets its own deadline for responding to lawsuits. Miss your deadline by even one day and you lose.

Common deadlines include:

• 14 days in some states
• 20 days in others
• 30 days in many states
• Some states give you longer if you were served by mail

Check your state’s specific deadline as soon as you receive the lawsuit papers. Mark it on your calendar. Set multiple reminders.

The date you were served starts the clock. The serve date appears on the Summons. Count from that date, not from when you opened the envelope.

Law Firms Bank of America Hires

Bank of America employs dozens of law firms nationwide to file collection lawsuits. Common firms include:

• Andreu, Palma, Lavin & Solis
• Cooling & Winter
• Frederic I. Weinberg & Associates
• Glasser and Glasser
• Gurstel Law Firm
• Hayt, Hayt & Landau
• Hood & Stacy
• Levy & Associates
• Lloyd & McDaniel
• Mullooly Jeffrey Rooney Flynn
• Nelson & Kennard
• Rubin & Rothman
• Scott & Associates
• Shermeta Law Group
• Suttell & Hammer
• Weber & Olcese

These firms handle hundreds of collection cases. They use standard forms and procedures. They expect you to ignore the lawsuit.

Surprise them by responding.

How to Negotiate a Settlement

Filing your Answer is step one. Step two is negotiating a settlement that saves you money.

Bank of America settles many cases for 25% to 80% of the original debt. The exact amount depends on several factors:

• How old the debt is
• Whether you can pay a lump sum
• Your financial situation
• How strong their case is
• How much documentation they have

Start negotiations after filing your Answer. Your Answer gives you leverage. Bank of America must now prove their case. Going to trial costs them time and money.

They’d often rather settle than fight.

Settlement Strategy

Never make the first offer at full price. Start lower than what you can actually afford. Negotiations typically involve back-and-forth offers.

Request a lump sum discount if you can pay immediately. Creditors prefer lump sums over payment plans. They might accept 40% if you pay everything at once.

Get everything in writing before paying a single dollar. The settlement agreement must state:

• The exact amount you’ll pay
• The payment schedule
• That this payment settles the debt in full
• That they’ll dismiss the lawsuit after payment

Never pay based on a verbal promise. Verbal agreements are worthless in court.

Request Debt Validation

Bank of America must verify the debt within 5 days of first contacting you. That’s federal law under the Fair Debt Collection Practices Act.

You can request formal debt validation within 30 days of initial contact. Send a Debt Validation Letter asking Bank of America to prove:

• The exact amount you allegedly owe
• The original creditor’s name
• Documentation showing you owe the debt
• Proof they have the legal right to collect

Bank of America must stop collection activities until they provide validation. If they can’t validate the debt, they must stop contacting you entirely.

Debt validation works best for old debts. Records get lost over time. Credit card companies merge or sell portfolios. Documentation disappears.

If Bank of America can’t validate the debt, you may not owe anything.

Remove Collections from Your Credit Report

A Bank of America collection account damages your credit score. The negative mark can stay on your report for seven years.

You have options to remove it sooner.

Dispute Inaccurate Information

Check your credit reports from all three bureaus: Equifax, Experian, and TransUnion. Look for errors in the Bank of America collection entry.

Common errors include:

• Wrong account balance
• Incorrect dates
• Debt that isn’t yours
• Debt you already paid
• Duplicate entries

Dispute any errors directly with the credit bureaus. Provide documentation supporting your dispute. The bureau must investigate within 30 days.

If they can’t verify the information, they must remove it from your report.

Request a Goodwill Deletion

Already paid the debt? Write a goodwill letter to Bank of America. Explain the circumstances that led to the late payments. Ask them to remove the negative mark as a courtesy.

Goodwill deletions work best when:

• You have a good payment history otherwise
• The late payments resulted from a one-time hardship
• You’ve been a long-time customer
• You’ve paid the debt in full

Bank of America isn’t required to grant goodwill deletions. But some people succeed with polite, well-written letters.

Negotiate a Pay-for-Delete

Offer to pay the debt in exchange for removing it from your credit report. Get the agreement in writing before paying.

The agreement should state that Bank of America will:

• Mark the account as paid in full
• Request deletion from all three credit bureaus
• Provide written confirmation after deletion

Pay-for-delete agreements are controversial. Some creditors refuse them. Others negotiate them regularly.

You won’t know unless you ask.

You’re Not Alone in This Fight

Bank of America contacts hundreds of thousands of consumers every year about overdue debts. Many people face the same situation you’re in.

The company’s size can feel intimidating. They have armies of lawyers. They have unlimited resources. You’re just one person trying to manage your finances.

But size doesn’t guarantee they’ll win. You have rights under federal and state law. Bank of America must follow the rules. They must prove their case. They must provide documentation.

Many people successfully fight Bank of America lawsuits. Some get cases dismissed. Others negotiate settlements for a fraction of the original debt.

You can do the same.

Take Action Today

Every day you wait reduces your options. The deadline to respond to your lawsuit is approaching. Miss it and Bank of America wins automatically.

Start by calculating your exact response deadline. Count the days from when you were served. Don’t count the serve date itself. Don’t count weekends or holidays.

Next, gather all documents related to the debt. Find the Summons and Complaint. Locate old credit card statements if you have them. Collect any correspondence from Bank of America.

Then prepare your Answer. Address each allegation in the Complaint. Assert your defenses. Follow your state’s formatting rules.

File your Answer with the court before the deadline. Send a copy to Bank of America’s attorney. Keep proof of both.

After filing, start settlement negotiations. You’ve now protected your rights. You’ve forced Bank of America to prove their case. You’ve opened the door to a favorable settlement.

Most people do nothing when sued. You’re different. You’re taking control of the situation. You’re fighting back.

That makes all the difference.