Sued by Bank of America?

If Bank of America is taking you to court, take a breath. The most common way people lose a debt lawsuit is not a weak case. It is doing nothing and letting the case end in a default judgment. If you respond, you are already ahead of most people in your position.

New here? Start with the step-by-step roadmap →

Who is Bank of America?

Bank of America is a bank and card issuer. If it is the plaintiff, it is suing on an account it issued and still holds, not one it bought from someone else.

Bank of America files consumer credit card cases through outside collection counsel and generally attaches statements showing the balance it claims.

On your court papers the plaintiff is usually "Bank of America, N.A."

What is different when the original bank sues you

Bank of America issued the account itself, so the chain-of-title problem that debt buyers often have does not usually come up here. That removes one common line of defense, and it is better to know that than to build on it.

What is left is still substantial, and it is the same in every one of these cases. A plaintiff has to prove the account is yours, that the amount claimed is right, and that it is entitled to collect it. People in these cases commonly look at whether the balance matches the statements, how interest and fees were added, whether the account was opened or used by someone else, whether payments or credits were applied, and whether the case was filed within the time the law allows. None of that happens unless you respond.

Does arbitration apply to a Bank of America case?

Usually not, and it is worth knowing that up front rather than finding out later. Arbitration only becomes an option if the agreement that governs your account contains an arbitration clause. In the public CFPB credit card agreement database, almost none of the Bank of America consumer card agreements on file contain one.

That does not mean your particular account is the same. The agreement that governs is the version in effect on your account, which may be older than what is published today, and account types differ. But if Bank of America is the plaintiff, arbitration is the less likely path and the ordinary defenses are where most of the work usually is.

You can look up card agreements yourself in the CFPB credit card agreement database, and your own agreement or a copy from the issuer is the version that counts.

What people do about a Bank of America lawsuit

• Respond before your deadline so you do not lose by default.
• Ask them to prove the account is yours and the amount is right.
• Read your own agreement rather than assuming arbitration is available here.