Won default judgement against Bank of America. What now?

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Latest post 03-12-2012 9:36 PM by dcollins5. 9 replies.
  • 02-05-2011 5:52 PM

    Won default judgement against Bank of America. What now?

    I won a default judgement against Bank of America NA in small claims court in November 2010.  The amount was $7,186.  They stopped responding to me once the warrant was served.  They do not respond to any certified letters and have yet to pay.  I have been encouraged to hand it over to an attorney from here and I am looking for any advice.  The judgement was awarded in Tennessee and they are based in Charlotte, NC.  Thanks for your help.

  • 02-05-2011 6:06 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,141

    Re: Won default judgement against Bank of America. What now?

    They have numerous business sites in TN--why not levy against same?

    I have a friend who levied against company equipment-siezed a company  bus on city street--got thier attention to pay off quickly.

    Think creatively!

    May be hard for big guys to hide!



  • 02-05-2011 6:06 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Won default judgement against Bank of America. What now?

    Be cautious - site rules prohibit the use of company names.  That is for your protection amongst a host of many other reasons.

    For what reason were you awarded the judgement?  What was the issue involved?

    Please read your judgement papers.  Are you allowed attorney or collector fees on top of the award?  If so, then I don't see any risk in getting an attorney to help you collect.

    You're a little lucky that the SCC limit in TN is $15k; in many states it's much lower.

     

  • 02-05-2011 6:10 PM In reply to

    Re: Won default judgement against a bank. What now?

    I was unaware of that.  I will find a way to edit it.  I was awarded $7,000, plus costs, plus 10% interest.  It was various violations of the FCRA.

  • 02-05-2011 6:19 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Won default judgement against a bank. What now?

    treyman17:
    I was unaware of that.  I will find a way to edit it.

    You cannot edit your posts at this time (5 minutes is all that is allowed), but you can contact the site admin to edit your post.

     

     

  • 02-05-2011 6:24 PM In reply to

    Re: Won default judgement against Bank of America. What now?

    Where and how did you serve your summons and complaint?

    It's possible that the bank never even knew it was being sued.

    If you got that wrong, the bank could have the judgment set aside, you'd have to start all over, and if you got the process service right, you'd be up against the bank's lawyers.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-05-2011 6:30 PM In reply to

    Re: Won default judgement against bank. What now?

    The summons was filed through the court and the fee was paid to have the Secretary of State deliver it.  The address was provided by the bank and was signed for within the legal department.  The same individual has signed all certified letters since.  I would assume this is a satisfactory way to serve.

  • 02-05-2011 6:51 PM In reply to

    Re: Won default judgement against bank. What now?

    treyman17:

    The summons was filed through the court and the fee was paid to have the Secretary of State deliver it.  The address was provided by the bank and was signed for within the legal department.  The same individual has signed all certified letters since.  I would assume this is a satisfactory way to serve.

    Seems good to me.

    One suggestion I have is that you send a copy of the judgment to the President of the bank with a letter asking what he intends to do about it. You can find the list of key executives at:

    http://finance.yahoo.com/q/pr?s=BAC+Profile

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-05-2011 6:54 PM In reply to

    Re: Won default judgement against bank. What now?

    Will do.  Thanks for your help.  They are just nasty to deal with. 

  • 03-12-2012 9:36 PM In reply to

    • dcollins5
      Consumer
    • Not Ranked
    • Joined on 03-13-2012
    • TN
    • Posts 1

    Re: Won default judgement against bank. What now?

    I'm about to take them to court myself. Did you ever receive the Judgement from BoA?

    Thank you

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