Bank of America Is Suing Me For Credit Card Debt — How to Win
You’re Not Alone – Millions Face Lawsuits Over Credit Card Debt
Getting sued by a big bank like Bank of America for unpaid credit card bills is way more common than you’d think; it happens to millions of Americans every year. But don’t panic – there are solid strategies for fighting back and winning these cases.The hard truth? Credit card companies like BofA are ruthless about collecting; they have armies of lawyers ready to take folks to court over relatively small amounts of debt. Their threats and legal mumbo-jumbo can be intimidating as hell.But you’ve got rights too – and with the proper defenses mounted by an experienced debt lawyer, it’s absolutely possible to beat Bank of America in court. We’ll walk through the key steps for doing just that.
Get Professional Legal Help – Don’t Try to Go It Alone
Look, I’ll be blunt – trying to represent yourself against BofA’s legal squad is a terrible idea. Their lawyers eat pro se defendants for breakfast. You need a real pro in your corner who knows all the legal maneuvers.At our firm, we have top-notch debt settlement lawyers who’ve beaten Bank of America hundreds of times. We know their playbook inside and out – and exactly how to counter it. Don’t risk getting steamrolled; call us at 212-210-1851 for a free consultation.
-Why You NEED a Lawyer to Beat the Bank
Here are just a few reasons why having an experienced debt defense attorney is absolutely crucial:
- Understand your rights and all possible defenses under federal laws like the FDCPA
- File the proper motions and paperwork; make sure no deadlines are missed
- Negotiate with BofA to potentially settle the debt for a fraction of what’s owed
- Punch holes in the bank’s evidence; make them prove every single part of their case
- Protect your assets and wages from being garnished, even if you end up losing
Bank of America spends millions training their army of lawyers – you need a real pro on your side who speaks their language and knows all their tricks. Don’t be the naive David trying to slay Goliath alone.
The Bank’s Burden of Proof – Make Them Sweat the Details
Here’s a big advantage you have: Bank of America has to prove every single part of their case against you with solid documentation and evidence. If they have even one piece of the puzzle missing, an experienced debt lawyer can get their whole case dismissed.Some key things BofA’s lawyers need to prove with bulletproof evidence:
- You opened and used the credit card account they’re suing over
- A proper credit agreement exists with your signature
- They calculated the alleged debt amount accurately with no errors
- They complied with all applicable laws and regulations
- The debt wasn’t discharged in bankruptcy and the statute of limitations hasn’t expired
Sounds simple, but you’d be amazed how often the banks’ records and paperwork have errors, omissions or other flaws. My debt settlement attorneys are masters at poking holes in their evidence and dismantling their case.
-The Statute of Limitations – An Automatic Trump Card?
One of the biggest “get out of jail free” cards in credit card lawsuits is the statute of limitations. This is a legal time limit for how long a creditor has to sue you over a debt.In most states, it’s between 3-6 years for credit cards. But there are exceptions, and Bank of America’s lawyers will try any trick to “re-age” older debts and re-start the clock.My advice? The second you’re served with a summons, check the dates and make sure the debt isn’t too old. If it is, we can get their case tossed immediately on statute of limitations grounds – a quick, easy win.
Bankruptcy – The Ultimate Debt Elimination Weapon
If you’ve declared bankruptcy in the past, that may just wipe out Bank of America’s case entirely – even if the credit card debt wasn’t officially discharged. You see, certain legal procedures and notifications have to be followed perfectly during bankruptcy for a debt to remain valid.The banks often screw these steps up, which gives us a chance to re-open your bankruptcy and eliminate the debt retroactively. It’s a complex process, but my bankruptcy lawyers have used this loophole to cancel millions in credit card judgments.
Other Potential Defenses Against the Bank’s Lawsuit
Depending on your specific situation, there could be a variety of other legal defenses that can help attack Bank of America’s case:
- Lack of Standing to Sue: We can challenge whether BofA actually owns the debt, or if it was improperly transferred between different creditors.
- Violation of Debt Collection Laws: If BofA violated statutes like the FDCPA or FCRA in pursuing you, their whole case could get dismissed on those grounds.
- Incorrect Debt Calculations: We can analyze their numbers with a fine-tooth comb and debunk any errors in fees, interest rates, or payment credits.
- Improper Service of the Lawsuit: There are very specific rules for how a summons has to be delivered – if they didn’t follow them, it gets tossed.
The key is having a debt defense lawyer who knows all the potential angles of attack and loopholes to exploit. Don’t just roll over for the big banks!
Settle for Pennies on the Dollar – A Win/Win Solution
Of course, one of the main goals in these lawsuits is trying to settle the debt for a fraction of what Bank of America is asking – and get them to wipe out the rest. With an ace negotiator on your side, you’d be surprised how low we can get them to go.Why would a huge bank accept a tiny settlement? Because they know if they get greedy and refuse a reasonable offer, we’ll take them to court and potentially get their whole case thrown out – leaving them with bupkis.Having a debt settlement attorney puts major pressure on BofA’s lawyers to take a settlement; otherwise, they risk losing millions in billable hours for no return. It’s all about shifting the leverage in your favor.
-Don’t Let Them Bully You – Fight Back and Win
Look, I get it – getting sued is terrifying, especially by a financial giant like Bank of America. Their letters and court documents are designed to be intimidating as hell. You’re probably losing sleep and feeling hopeless.But don’t let them bully you! With the right debt defense strategy and an experienced lawyer on your team, you’ve got a great chance of beating BofA and getting that debt eliminated once and for all.The banks are counting on you to get scared and give up. But we’ve helped thousands of clients stand up to these corporate bullies and walk away victorious. You’ve got rights – and we know how to enforce them.