Lawsuit

[suv55]

I am in Florida and was just served with a summons and complaint. I had purchased a car in 1997 and obtained a simple interest retail installment contract and security agreement from Barnett Bank. I am now being sued by Bank of America which is its successor. In September of 1998 I was involved in an automobile accident. My car was practically a total loss. At the time of the accident, my insurance had lapsed (1 week) but I did have GAP (total loss protection) insurance and credit disability insurance on the vehicle. I took the vehicle for an estimate and had the Gap Insurance adjuster go out and take a look at the car. They later informed me that in order for the car to be deemed a total loss the damage to the car had to be at least 80% of the market value and that it was only about 70% so therefore they would not cover the cost of the damages. I informed the bank that in order for me to repair the car as my insurance coverage had lapsed that it was going to cost me over $7000.00. I also informed the bank that I did not have that kind of money and that I wouldn't be able to come up with enough money to make car payments and the payment arrangement which the gentleman at the car repair place made for me. They in turn directed me to the hardship department (at this time Barnett was taken over by Nations Bank) which in turn told me my loan was not old enough to refinance and that the car was not worth it to them and that I could do whatever I wanted with the car. At that point I asked what do you mean they said the loan would be written off as a loss. My credit reports reflect the same information. When my credit reports refer to this loan they state charged off as bad debt or profit and loss write-off. I don't understand why now after approximately 3 1/2 years later they are filing this lawsuit demanding the amount of the note with interest after they told me the loan was being written off and apparently was written off as it states in my credit reports. I have credit reports from equifax, experian and merchants association credit bureau and they all state that this was written off I called Bank of America approximately a year and 1/2 ago to inquire what I could do to obtain the title of the vehicle since I now repaired it and have a steady job. I am trying to reestablish my credit. No one at the bank knew what I was talking about, I was told that the loan number that I was referring to was "nonexistent" then a couple weeks later I received a call from someone at Bank of America stating that I had to pay the full amount of $15,203.90 and that they would not make payment arrangements with me. At that point I told the person I spoke to that I did not have the $15,203.90 that I was willing to work something out with the bank at which point I was told her supervisor would contact me and she in turn never did. I did not hear from them neither verbally nor by written notice until this Saturday which is the date my mother who is the cosigner and now my codefendant was served. I know I have to answer the complaint within 20 calendar days but I want to know if I have any legal options and what they are. PLEASE HELP!!!! I do not have the $15,203.90 that they are demanding although I am in possession of the vehicle.

WHAT are my rights and can they do this???????

Thanks in advance,