Can Bank of America file a civil claim for credit card debt?

Question : Can Bank of America file a civil claim for credit card debt?
I owe Bank of America some money from credit card debt, but I am currently enrolled in a debt management program, that told me not
to take any calls or make any payments. I recently received a phone call from someone saying a civil claim is going to be filed against me for this debt. How do I know if this is legit or not?
credit card debt in america

Best answer:

Answer by `Wawtur`
It is legit when the cop comes to your door to serve you the civil court papers. But dont worry, there are free lawyers that can tell the plaintiff/judge that the debt is in the works of being paid off.

Even if you get a judgment against you its really no big deal. Once or twice a year depending on your state, you can request a freed credit report from each of the three credit agencies and dispute every false and negative item on the reports. The reporting agencies have 30 days to prove the disputes wrong but if they do not, then the negative report is removed from your report and you have a clean credit history.

The only thing that can not be removed from a credit report is a bankruptcy, that takes 7-10 years to be removed.

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Comments (7)
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#1 written by taylor_terri 1 year ago

once in a debt management program, Bank of America is NOT to contact you AT ALL. They’re supposed to go through the debt management program. I would notify my debt management program and inform them of the contact. Also inform the person that contacted you about the debt management program you’re in. In addition, we have a law called the Fair Debt Collection Act. Basically, unless the person who contacted you are the original contractor (more than likely they weren’t) write them a letter and I suggest that you FAX or mail it with deliver confirmation (75 cents, no signature required but couldn’t hurt) and inform them that they are not to contact you any further. If they continue, then you need to contact the services of an attorney who specialize in suing debt collectors (attorneys who work in debt collection are required to abide by the Fair Debt Collection Act)

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#2 written by Jay S 1 year ago

They can threaten you with lawsuits and they can even sue you for real. But they probably won’t unless your balance is pretty high, like well over $ 10,000. It ends up costing them more in legal than it’s worth and they have no way of knowing if you even have the money. So paying to get a judgement against you when you have no way of paying makes no sense.

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#3 written by SmartA$$ 1 year ago

The fact that you have an agreement between some debt management company and yourself has no impact on your agreement with BoA. You agreed to pay BoA in accordance with the cardholder agreement, its your responsibility to pay them. If you want the debt management company to help you, then contact them and get them to include this debt in their services. If they can’t seem to help you, then take it as a sign that this debt company is not going to provide you with good customer service and end your agreement with them.

In the meantime, the bottom line is that if BoA doesn’t get paid, they can, and will, sue you.

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#4 written by Sharon T 1 year ago

If they call again, ask them to mail the information to you and make any future contact via mail. Then turn a copy of it over to your debt management program.

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#5 written by Slimick 1 year ago

You need to understand how debt settlement firms work: they deliberately let your accounts go into default/charge-off status to put them into a position to negotiate a settlement on the credit card debt.

No debt management or debt settlement firm you hire has the ability to force Bank of America or any creditor to accept a settlement. It is within their right to respond to defaulted debts by taking you to court. Your debt management firm cannot stop Bank of America from taking you to court if they decide to take this action.

DO NOT ignore their phone calls….you need to be informed/aware of what is happening….and you need to be aware the your debt management firm cannot help you if Bank of America is really taking legal action.

You will know for sure if this is a “real” threat if you get served papers by a process server or sheriff with a summons to appear in court. In the interim, any threat of a “civil claim” might just be a scare tactic, but you can never be sure…..The bottom line is that your debt management firm cannot force Bank of America to accept a settlement…If Bank of America is refusing to accept their terms, then you need to make separate arrangements with them….So this means to NOT ignore their phone calls…talk with B. of A. and find out what the status is.

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#6 written by src50 1 year ago

Yes, they can unless you have an agreed payment plan with BofA (not with a debt management company).

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#7 written by Cricket 1 year ago

Call the Better Business Bureau, or better yet, call Bank of America legal Dept.

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