Sued by Bank of America in Florida? What to Do Next
Sued by Bank of America for Credit Card Debt in Florida? Here’s What to Do
A lawsuit from Bank of America usually starts the same way for the Floridians who call us: a stack of court papers over a credit card that fell behind after a job loss, a medical stretch, or a divorce. Take a breath. Being sued is not the same as losing — and in Florida the outcome often turns on what you do in the first 20 days. I’m Michael Ziegler; our firm has defended Florida consumers in collection lawsuits for more than a decade, and Bank of America cases have a few patterns worth knowing before you decide anything.
Who Is Actually Suing You?
Read the top of your complaint carefully — the plaintiff line tells you which of two very different cases you have:
- Bank of America, N.A. itself. As an original creditor, BofA generally has the account records: statements, the cardmember agreement, payment history. These cases are about the numbers and the process.
- A debt buyer that purchased your old BofA account. Like most major card issuers, Bank of America may sell portfolios of charged-off accounts to debt-buying companies. If that happened with your account, the plaintiff on your lawsuit will be the debt buyer’s name — often a company you’ve never heard of. A debt buyer must prove it actually owns YOUR account through a documented chain of assignment — and that’s frequently where these cases get weak.
Either way, the lawsuit is usually filed by a Florida collection law firm on the plaintiff’s behalf. If the firm’s name is on the summons, we probably know them — see our Florida debt collection agencies list.
The Florida Deadlines That Decide These Cases
Florida courts split money cases by size: small claims (up to $8,000), county court (up to $50,000), and circuit court above that. In small claims you must show up to an early pretrial conference; in county and circuit court you have 20 days from service to file a written response. Do nothing and the likely result is a default judgment — after which wage garnishment and bank levies become real possibilities. Most of the worst outcomes we see in credit card cases weren’t lost in court; they were lost by silence.
Common Defenses in a Bank of America Credit Card Lawsuit
Every case is different, and none of these is a guarantee — but these are the defenses we evaluate first:
- Statute of limitations. Florida generally allows five years to sue on a debt based on a written agreement. Old, resold accounts are the usual suspects. More in our guide to Florida credit card lawsuit time limits.
- Proof of the amount. Interest, late fees, and charges added after charge-off must be supportable. The balance on the complaint isn’t automatically the balance you owe.
- Ownership and standing (debt-buyer cases). If the plaintiff bought the debt, it must connect the paper trail from BofA to itself, account by account.
- Identity and account errors. Mixed files, identity theft, and authorized-user confusion appear more often than you’d think.
Your Rights Under Federal and Florida Collection Laws
The federal Fair Debt Collection Practices Act (FDCPA) generally applies to third-party debt collectors and debt buyers — not to a bank collecting its own accounts. Florida’s Consumer Collection Practices Act (FCCPA), however, applies to anyone collecting a consumer debt in Florida, including original creditors. Harassing calls, misrepresenting a debt, or threatening action that can’t legally be taken can violate these laws, and each statute allows a consumer to recover up to $1,000 in statutory damages plus attorney’s fees and court costs for violations. If the collection conduct crossed the line, see our debt collection harassment page — that conduct can become leverage in your case, but the first priority is defending the lawsuit itself.
Your Options — Beyond Just Fighting
Defending the lawsuit is one tool. Depending on your full financial picture, the better play may be negotiating a documented settlement, or — when one lawsuit is really the first of several coming — resolving everything at once through bankruptcy. Our firm handles collection lawsuits, bankruptcy, credit reporting errors, and collection harassment under one roof, which means the advice you get isn’t limited to one tool.
FAQ: Bank of America Lawsuits in Florida
Will Bank of America really take me to court over a credit card?
It can, and it does — credit card issuers, including Bank of America, file collection lawsuits in Florida courts, typically through Florida collection counsel. A summons with BofA’s name on it should be treated as real and time-sensitive.
Can I settle with Bank of America after being sued?
Often, yes. Cases can settle at many points before trial. The strength of your defenses, the age of the debt, and the documentation all affect the number — which is why we review the case before talking settlement, not after.
What if I ignore the lawsuit?
Florida courts can enter a default judgment, which may lead to wage garnishment or frozen bank accounts. Here’s what happens after a judgment is entered.
My BofA debt was sold to a company I’ve never heard of. Is that legal?
Generally yes — charged-off accounts are bought and sold. But the buyer inherits the burden of proving ownership. If you’ve been sued by a debt buyer on an old BofA account, see our pages on being sued by a credit card company and what happens when your debt is sold.
Does bankruptcy stop a Bank of America lawsuit?
Filing bankruptcy triggers the automatic stay, which halts most collection lawsuits immediately. Whether bankruptcy is the right tool depends on your whole situation — that’s exactly what the strategy session is for.
Served With Bank of America Court Papers? Move Before the Deadline Does
For over a decade, Ziegler Diamond Law has helped Floridians answer collection lawsuits, protect their wages and accounts, and choose the path — defense, settlement, or bankruptcy — that actually fits. We also defend Floridians sued by other banks and debt buyers, including Wells Fargo, Cavalry SPV, and CACH, LLC. Bring us the summons; we’ll tell you what it means and what your options are.
Call (727) 538-4188 for a Free Debt Freedom Strategy Session, or schedule online.
This page is general information, not legal advice. For Florida residents, contact Ziegler Diamond Law for a Free Debt Freedom Strategy Session.