Sued by Bank of America in Texas: A Guide for Credit Card Defendants

A Bank of America credit card lawsuit usually names Bank of America, N.A. as the plaintiff. That is the national bank, based in Charlotte, North Carolina, that issues and administers the company's credit cards. Its parent, Bank of America Corporation, is a Delaware corporation headquartered in Charlotte, according to its annual report on Form 10-K for 2025. The lawyer who signed the petition is usually an outside collection firm hired to handle the case in Texas.

Because Bank of America is so often both a person's card issuer and their bank, a lawsuit from it raises two sets of questions: what you owe on the card, and what can happen to the money in your checking or savings account. This guide covers both.

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First, Make Sure the Suit Is Real and Know Who Filed It

Look at the top of the petition. If the plaintiff is Bank of America, N.A., you are being sued by the original creditor. If the plaintiff is a company you have never heard of that says it bought a Bank of America account, the case is a debt-buyer case, and the rules are different (see the difference between the original creditor and a debt buyer).

Before you call anyone, confirm the case number with the clerk of the court listed on the citation. A real case has a court, a cause number and a filing date the clerk can find. Do not rely on a phone number printed on a letter alone.

Your Deadline to Answer

In a justice court, your written answer is due by the end of the 14th day after you were served (Texas Rule of Civil Procedure 502.5). In county or district court, it is due by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)). Use our answer deadline calculator and put the date on your calendar. Missing it can lead to a default judgment without a hearing on the facts.

Justice courts hear claims up to $20,000. A bank's credit card suit there is a "debt claim case," and the petition must give specific account information, such as the account number (which may be masked), the charge-off date if known and the amount owed (Rule 508.2). Larger cases go to county or district court.

What Bank of America Has to Prove

As the plaintiff, the bank must show that the account was yours, that you defaulted and how much is actually owed after every payment and credit. Its own records usually carry that proof, but the records still have to be complete and properly presented, and the math has to add up.

The current Bank of America card agreement says you are in default if you miss a Total Minimum Payment Due by its due date, go over your credit line, go over your cash credit line, or break any other term. In default, the bank can demand the whole balance and, "unless prohibited by applicable law," charge its collection costs and reasonable attorneys' fees if it refers the account to an attorney who is not its salaried employee. A fee request is not automatic. The court decides whether fees are recoverable and what amount is reasonable, and the request can be challenged.

The 2026 Card Agreement Includes an Arbitration Clause

This is one point where Bank of America differs from some other card issuers. The example agreement Bank of America filed with the Consumer Financial Protection Bureau's credit card agreement database for the second quarter of 2026 (pricing as of June 30, 2026) contains an arbitration provision. Under it:

• Either side may choose to send a dispute to binding arbitration, including by referring a lawsuit filed by the other side to arbitration.
• Arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules.
• Either side may instead pursue an individual claim in small claims court if the claim is within that court's jurisdiction.
• Unless you "opted out" in a timely manner, class actions and jury trials are waived.

The example agreement mentions opting out but does not itself explain how or by when. If you received a notice about the new provision, keep it. The agreement also says it is governed by federal law and North Carolina law.

Your account may be governed by an older version of the agreement, so the version that applies to your account is the one that matters. Whether to ask for arbitration in a collection case is a strategic choice with costs and trade-offs, not a default step. See can a debt case be moved to arbitration?

If You Also Bank With Bank of America

Federal Regulation Z, 12 C.F.R. § 1026.12(d), generally bars a card issuer from taking money out of your deposit account to pay your credit card balance. The main exceptions are periodic payments you authorized in advance in writing, such as autopay, and a security interest you agreed to, which can come up with a secured card. If autopay from a Bank of America checking account is still set up, review it now so a payment you did not plan on does not surprise you.

That rule does not stop a court process. After a judgment, any creditor can try to garnish a bank account, and Bank of America also receives garnishment orders against its customers' accounts on behalf of other creditors. On May 4, 2022, the CFPB issued a consent order (No. 2022-CFPB-0002) finding that Bank of America had processed out-of-state garnishment notices unlawfully. Among other things, it froze accounts and sent funds to creditors when state law did not allow it, applied the wrong state's exemption laws, and used deposit-agreement language that misrepresented customers' right to challenge garnishments in court. The order required at least $592,000 in refunds or cancellations of garnishment-related fees, a $10 million civil penalty and reforms to the bank's garnishment processing. The order concerns the bank's handling of garnishments, not any particular credit card lawsuit, and it says nothing about your case.

Texas protects many funds after a judgment, and federal benefits deposited directly into an account get extra protection. See can a creditor garnish my bank account in Texas? If money is frozen after a judgment, Texas Rules of Civil Procedure 679a and 679b require notice and a claim form so you can ask the court to release exempt funds.

A Card You Do Not Recognize

Sometimes the account in the petition is one the defendant never opened. On July 11, 2023, the CFPB announced an order against Bank of America that found, among other things, that employees had enrolled consumers in credit card accounts without their knowledge or authorization, using their credit reports without permission. The order did not say whether any particular account was affected. If you do not recognize the account, say so in your answer and gather proof right away. See what if the debt came from identity theft?

The Four-Year Deadline Is Yours to Raise

In Texas, a suit on a debt generally must be filed within four years after the claim accrues (Civil Practice and Remedies Code § 16.004). Finance Code § 392.307, which bars suits on time-barred consumer debt, applies to debt buyers. When Bank of America sues on its own account, limitations is a defense you must raise, and in county or district court it must be pleaded in your answer (Rule 94). A signed written acknowledgment of the debt can affect the deadline (§ 16.065), so be careful what you sign.

Your Rights When Its Lawyers Contact You

The Texas Debt Collection Act, Finance Code chapter 392, applies to creditors collecting their own debts, including banks. The federal Fair Debt Collection Practices Act generally does not cover a bank collecting its own account, but a law firm that regularly collects consumer debts through litigation is generally a "debt collector" under that Act (Heintz v. Jenkins, 514 U.S. 291 (1995)). That firm must not make false or misleading statements, and once it knows you have a lawyer, it generally must communicate with your lawyer instead of you (15 U.S.C. § 1692c(a)(2)). Claims for collection violations are brought as a separate federal lawsuit, not as a counterclaim in the collection case, and they are a separate service from debt defense. Learn more on our FDCPA page.

How We Help

We file your answer on time, raise the defenses that fit the facts, review the bank's evidence and fee request, and negotiate when resolving the case makes sense, whether by a lump sum, a payment plan or a dismissal. Our firm has had hundreds of debt lawsuits dismissed. We work statewide, mostly by phone, email and e-filing, our phones are answered 7 days a week, and we speak Spanish.

Flat fees start at $400, and payment plans are available. Call or text (214) 945-0000 for a free case evaluation.

Texas Debt Law is not affiliated with Bank of America. This guide is general information, not legal advice; talk to a lawyer about your own facts.

Sources

• Example Credit Card Agreement, Bank of America Unlimited Cash Rewards (Q2 2026 filing), CFPB credit card agreement database
• Bank of America Corporation, Form 10-K for 2025, SEC EDGAR
• CFPB enforcement action: Bank of America, N.A. (garnishments, May 4, 2022)
• CFPB press release, July 11, 2023
• 12 C.F.R. § 1026.12 (Regulation Z offsets), eCFR
• Texas Rules of Civil Procedure (Rules 94, 99, 502.5, 508), Supreme Court of Texas
• Texas Civil Practice and Remedies Code, chapter 16 (§§ 16.004, 16.065)
• Texas Finance Code, chapter 392 (Texas Debt Collection Act)
• 15 U.S.C. § 1692c, Legal Information Institute

General information, not legal advice for your case.