$19,766.44

Civil

Fraudulent charges where Bank of America failed and refused to resolve. Debt and final judgment is appealed on grounds outlined in the appeal notes which are listed below. I am currently in the process of formally appealing the Final Summary Judgment issued in my case, which I received on 9/13/2024, after a delay due to USPS holding my mail. I did not receive prior notification of this judgment and am therefore appealing. I base my appeal on the following grounds. 1. Failure to Establish Balance Due: The judgment lacks a clear determination of the balance owed. My efforts to dispute potentially fraudulent charges with Bank of America (BoA) were not properly considered. The customer service calls documenting these disputes must be reviewed to assess the legitimacy of the charges. Access to these recordings is crucial as they may reveal failures by BoA to uphold their customer service obligations and to conduct thorough investigations as required by law. 2. Improper Granting of Summary Judgment: The court granted summary judgment without addressing the substantive material facts of my case. Numerous factual disputes exist that necessitate an in-person trial. Specifically, evidence of ongoing issues with BOA's practices, highlighted by recent reports indicating widespread failures in their customer service (e.g., the 10/2/2024, news article), underscores the need for a thorough examination of my claims in a trial setting. 3. Procedural Error and Denial of Due Process: While a Zoom meeting was offered, I clearly stated my inability to attend and requested an in-person hearing, which is my legal right. The court's failure to accommodate this request represents a denial of due process. The principle of allowing a defendant to confront their accuser and present a full defense is fundamental to a fair judicial process. 4. Inequity in Treatment of Litigants: There is an observable trend where cases against large financial institutions are expedited without due consideration for the individual litigants. This not only undermines the principles of fairness and justice but also perpetuates a system that favors powerful entities over ordinary citizens. It is critical for the integrity of the legal system that all parties are given equal opportunity to present their case, particularly when facing substantial financial institutions like Bank of America. 5. Lack of Adequate Notice: The absence of a date on the Final Summary Judgment document raises concerns regarding the sufficiency of notice provided to me. Adequate notice is a cornerstone of due process, and the lack of clarity in this instance further complicates my ability to respond effectively to the judgment. Given these considerations, I have respectfully requested an appeal to seek a fair, in-person hearing to present my case and discuss the relevant details. It is essential to ensure that the rights of individuals against large financial entities are adequately upheld.