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Feb 2013

After Bankruptcy–We Garnish Bank of America

Posted by / in After Bankruptcy / 3 comments

Bank of America wouldn’t fix Ed and Ann’s credit reports after bankruptcy.

Our disputes were ignored, so we sued.  The judgment was ignored, so we’re garnishing.

Here’s the whole story.

Two years ago, in February 2011, Ed and Ann checked their after-bankruptcy credit reports.  They were surprised to see, at two of the three credit bureaus, their paid-in-full Bank of America accounts were showing “discharged in bankruptcy.”

That was making it harder for Ed and Ann to get back to good credit.  Over the next year, in March, and April, and August, Ed and Ann wrote to the credit bureaus to get the Bank of America accounts fixed.

No luck.

In January 2012, we sued.

We sued the two credit bureaus, Trans Union and Experian, and also the bank.  The credit bureaus then fixed the credit reports, but the bank just ignored us.

A Prince William sheriff will drop in on the local Bank of American to collect $5668, because the bank wouldn't fix Ed and Ann's credit report after bankruptcy.

A Prince William sheriff will drop in on the local Bank of American to collect $5668, because the bank wouldn’t fix Ed and Ann’s credit report after bankruptcy.

Nobody was there for the bank on the May 2012 court date, so the judge gave both Ed and Ann $2000 for willful damages and $834 in legal fees.   We mailed the judgment to the bank, we mailed a letter to the bank president, and we called the local bankruptcy lawyer who usually represents Bank of America around here.

None of that brought any response.

So, for 2013, we’re trying a garnishment.

There’s a Bank of America branch about six blocks from my office in Manassas.  In the next couple weeks, a Prince William County sheriff will go there, and ask them for $5668, for Ed and Ann.

Will we get a certified check?  A stack of hundred dollar bills?  We’ve never done this before, so we’ll just have to see.

We tell all our clients to check their after-bankruptcy credit reports, and we work with them to do dispute letters, when the reports aren’t right.   When letters don’t work, we sue.

We’ve sued hundred of times; this is the first time we’ve had to garnish a bank.


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Robert Weed has helped fifteen thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.

  • Robert Weed

    February 14, 2013, pm28 5:34 PM

    That worked. The sheriff went by the branch on Tuesday and told them he’d be back for cash on Friday. That brought frantic phone calls from a “tall building” lawfirm in Richmond and a check by FedEx arrived here today.

    We told the sheriff they didn’t need to go back.

    That was fun.

  • Michelle

    April 19, 2013, pm30 10:44 PM

    Hey, been reading your story about suing BofA. We are just starting this same process. We have a long, complicated story.. but hopefully it will end well like your client’s. Reading this gave my husband and I hope for our case against this bank. Bless you for your hard work.

    • Robert Weed

      April 20, 2013, am30 6:16 AM



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