CHARLESTON – A Charleston attorney has secured another victory against Bank of America.
On June 23, a Notice of Abstract of Judgment was filed in Kanawha Circuit Court against the bank. The filing says the plaintiff being represented by Charleston attorney Michael Cary of Cary Law Offices secured an undisclosed judgment against the bank.
A Notice of Abstract of Judgment informs the public that a court judgment has been officially recorded, creating a lien on the debtor's real property. It essentially means the plaintiff now has a claim against the bank’s property, and the bank cannot sell it without first satisfying the judgment debt. The judgment also includes post-judgment interest and costs.
Cary
Cary said he is working to pursue a lien against Bank of America’s corporate center in downtown Charlotte.
“The entry of an abstract is more than paperwork, it’s the legal foundation for execution,” Cary said. “I’m not just litigating, I’m enforcing. And doing so against one of the largest financial institutions in the world.”
This judgment comes after Cary moved to have his client’s debt entirely deleted under the West Virginia Consumer Credit and Protection Act, citing illegal collection practices by Bank of America. That motion was granted following the bank’s failure to properly follow the offer-of-judgment procedures specifically outlined in state code.
Cary says the bank’s procedural shortcuts failed to meet the statutory requirements — opening the door for him to argue for full deletion of the debt based on “prohibited debt collection practices.”
The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-618r
