If Bank of America has filed a credit card lawsuit against you, the response that protects you is a written answer filed with the court before your state’s deadline, typically 20 to 30 days from the day you were served. Filing that answer forces the bank to prove the debt, preserves every defense you might raise, and keeps the door open to settle. Doing nothing is what turns a collection suit into a wage garnishment or a frozen bank account.
What the Lawsuit Looks Like When It Arrives
Bank of America generally keeps delinquent credit card accounts in-house rather than selling them to third-party debt buyers, and it hires regional law firms to file the complaint. The plaintiff on the papers may read “FIA Card Services, N.A.” rather than Bank of America; FIA Card Services is the bank’s credit card servicing division, headquartered in Wilmington, Delaware, and it acts as the original creditor in these suits.
You’ll receive a summons and a complaint. The complaint states that the account exists, lists the balance the bank claims you owe (principal, interest, and fees), and alleges that you failed to pay. The summons tells you the deadline for responding and whether a written answer, a court appearance, or both are required.
File an Answer Before the Deadline
The single most important step after being served is filing a formal answer with the court before the deadline runs. State rules vary. In California, for example, the deadline is 30 days from service, and you file your Answer on form PLD-C-010, with filing fees ranging from $225 to $450 (fee waivers are available for those who cannot afford it).
An answer responds to every numbered allegation in the complaint by admitting it, denying it, or stating that you have insufficient knowledge to answer. A denial forces Bank of America to prove that allegation. Your answer should also list every affirmative defense that could apply, because a defense you leave out of your initial filing may be forfeited later.
The Federal Trade Commission points out that responding to a lawsuit forces the collector to prove the debt is owed, that the amount is correct, and that they have the legal right to sue. Ignoring the papers does not make the case go away; it hands the bank a win.
Defenses Worth Raising
Several defenses may apply, depending on the account and how long it has been since you paid:
Statute of limitations. Every state sets a time limit for filing a debt collection lawsuit. Bank of America’s credit card agreements typically designate North Carolina law, which imposes a three-year statute of limitations. The period that actually applies depends on your state and the terms of the agreement: three years in states like New York, Maryland, and South Carolina; six years in states like Massachusetts, Michigan, and Ohio; and as long as ten years in Rhode Island and West Virginia. The clock generally starts on the date of your last payment, and making even a partial payment on an old debt can restart it in many states. If the bank sued after the deadline expired, raise this as an affirmative defense.
Insufficient documentation. The bank has to prove the debt with records. If it cannot produce the original credit card agreement, account statements, or documentation tying the debt to you, the case can fail.
Incorrect amount. You can challenge the balance if it includes unauthorized fees, miscalculated interest, or charges the agreement or law doesn’t permit.
Identity or account disputes. If the account isn’t yours or was opened through identity theft, the bank must prove you authorized it.
Prior payment or discharge. If you already paid, settled, or discharged the debt in bankruptcy, that ends the matter. A bankruptcy discharge is an absolute bar to collection.
Improper service. If the summons and complaint were never properly delivered, the court may lack jurisdiction over you.
Lack of standing. This defense is more common when a third-party debt buyer sues and has to prove the chain of ownership back to the original creditor. Because Bank of America usually sues directly through its own law firms, standing challenges are less frequent here, but still possible.
What Happens If You Ignore the Lawsuit
Roughly 90% of consumers fail to respond to debt collection lawsuits, which lets the bank win by default. A default judgment is a court ruling in the bank’s favor entered without any input from you. Once the court grants it, Bank of America has real collection tools:
Wage garnishment. The bank can order your employer to divert part of your paycheck. Federal law limits garnishment to the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage ($217.50 per week). Some states go further: North Carolina, Pennsylvania, South Carolina, and Texas prohibit wage garnishment for consumer debt entirely, and California, New York, and Massachusetts set higher income floors before garnishment can begin.
Bank account levy. The bank can freeze and seize funds in your bank account. Federal rules automatically protect the last two months of directly deposited government benefits such as Social Security, SSI, and veterans’ benefits. Several states add protection: New York shields $2,664 to $3,600 in bank accounts, California protects $1,788, and Delaware prohibits bank account garnishment altogether.
Property lien. The bank can place a legal claim against property like your home, which complicates selling or refinancing.
A judgment typically remains enforceable for five to 20 years depending on the state, and it can be renewed. If you were never properly served, you may have grounds to ask the court to vacate the default judgment. If you knew about the suit but missed the deadline, you generally have about six months to argue excusable neglect.
Settling the Case
Filing an answer doesn’t foreclose settlement. It preserves it. Bank of America typically settles credit card cases for between 25% and 80% of the original balance, depending on your financial situation. Terms tend to be more favorable when you have limited assets, when you’ve been through real financial hardship, or when the account is approaching charge-off status (generally after about five months of nonpayment). If you have steady income, home equity, or significant assets, the bank considers you more “collectible” and may push for a higher figure.
Settlements can be structured as a lump sum or as installments over several months. Get any agreement in writing before you pay a cent. Ask that the bank report the account to the credit bureaus as “settled” or “paid in full” once you’ve met the terms.
A Note on Arbitration
Bank of America’s Online Banking Service Agreement, effective May 18, 2026, includes a mandatory arbitration clause and a class action waiver that route disputes to the American Arbitration Association. That clause governs future disputes and does not pull a lawsuit the bank has already filed against you out of court; you still respond in the court where you were sued. If you want to preserve your right to opt out of arbitration for other matters, customers have a 60-day window from receiving notice of the change to opt out at bankofamerica.com/arbitration-optout or by calling 800-283-8875.