Looking to sue Bank of America? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Bank of America. And we’ve helped get millions of dollars in settlement offers…
Tired of hitting dead ends when trying to get a refund from Bank of America? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Bank of America customer service options, but still feel unheard.
There are different ways to file a complaint against Bank of America, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Bank of America, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Bank of America to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Bank of America contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
To find out if you can take Bank of America to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Taking Bank of America to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue Bank of America in Small Claims Court, read on below:
Ready to sue Bank Of America in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. There are two things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s small claims court, you may be able to arbitrate your claim instead.
Most small claims courts require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily before you file your claim. So if you want to sue Bank Of America in small claims court, you need to send them a demand letter first.
Your demand letter can be simple and straightforward – tell Bank Of America who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter can be a few sentences – remember that you are just checking a box before you file your actual claim.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address.
According to our most recent research, Bank of America is legally based in Delaware and receives mail at this address. (Check your contract to confirm if this is the right address for legal notices):
BANK OF AMERICA CORPORATION
C/O THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
In order to sue Bank Of America in small claims court, you’re going to need to fill out some paper work.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s website.
Make sure you fill out enough forms – most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number, they will not accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This process, called “filing” can be a bit tricky.
Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.
All courts will require you to pay a filing fee before they allow your to sue Bank Of America in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are a low income plaintiff.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.
If you’ve made it this far – good work! Suing Bank Of America in small claims is a long and tough process.
Now that you’ve filed the papers required to start your case against Bank Of America, you need to tell Bank Of America that it’s been sued. This is a called “serving” Bank Of America. To do this, you need to deliver a copy of your filed papers to Bank Of America.
Look at your court’s website for instructions on how to properly deliver your forms to Bank Of America, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!
When the court clerk gives you a court date (after you file your forms), make sure to put it on your calendar.
Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence that backs up your case against Bank Of America.
Sometimes, Bank Of America will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Ready to sue Bank Of America in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…