Well, here we go....AMEX served me!

KrisD

LoanSafe Member
Mar 20, 2012
24
2
3
Florida
So I received a summons from a lawyer representing AMEX. I have two cards with them that I have not paid since late May. We've been going through a lot financially and those were the two cards I kept pushing under the rug and not dealing with (stupid decision, I know but don't judge, please!) So now I have to deal with the summons - I'm assuming they figure that since I didn't return their calls it will be an easy judgement for them. Still, I'm really surprised they've filed suit so soon.

Anyway.....I do owe the debt. It's recent, and I was just hoping to have more time to deal with it because there is really no extra money to settle or pay them a monthly payment - we have been trying to put aside money to settle our second, and we are almost finished a payment plan for Chase settlement. I called an attorney and was told it doesn't make much sense to pay money for something I can do myself, but I really have no idea how to answer this complaint. As far as I know I have no defenses - I mean, the debt is mine. I am in Florida and can respond with affirm, deny, or without knowledge. I guess I can respond with "without knowledge" and force them to go to court and provide statements, charges, signatures, etc? They did include a few statements and a card agreement with the summons. I did contact the attorneys for AMEX and am hoping a settlement can be worked out.

My questions are:
1. Does anyone have any personal experience they would like to share with this or can they direct me to a thread with that information? Just would like to get an idea of what I'm in for.

2. Is it pointless for me to call AMEX directly at this point? The few times I spoke with them they were unreasonable, and everything I said the associate just turned around on me saying that I was refusing to pay - that is part of the reason I've avoided these cards.

3. I feel like if I state no knowledge, and admit nothing, on the summons response the judge will ultimately view me as a liar since the debt is so recent. I don't know if that matters or not - won't it will buy me time and force them to take me to court to prove their case? Not seeking legal advice here, just your thoughts.

Obviously I am a total novice at this so sorry about the long post. I am going to be contacting a few more attorneys today to see what they say, since I have until December 4th to respond and I know that I will worry like crazy until then. I really would just like to get some other members' thoughts on this - I've learned a LOT from this site.

Thanks!
 

bankwhipped

LoanSafe Member
Apr 11, 2011
161
8
18
Florida
So I received a summons from a lawyer representing AMEX. I have two cards with them that I have not paid since late May. We've been going through a lot financially and those were the two cards I kept pushing under the rug and not dealing with (stupid decision, I know but don't judge, please!) So now I have to deal with the summons - I'm assuming they figure that since I didn't return their calls it will be an easy judgement for them. Still, I'm really surprised they've filed suit so soon.

Anyway.....I do owe the debt. It's recent, and I was just hoping to have more time to deal with it because there is really no extra money to settle or pay them a monthly payment - we have been trying to put aside money to settle our second, and we are almost finished a payment plan for Chase settlement. I called an attorney and was told it doesn't make much sense to pay money for something I can do myself, but I really have no idea how to answer this complaint. As far as I know I have no defenses - I mean, the debt is mine. I am in Florida and can respond with affirm, deny, or without knowledge. I guess I can respond with "without knowledge" and force them to go to court and provide statements, charges, signatures, etc? They did include a few statements and a card agreement with the summons. I did contact the attorneys for AMEX and am hoping a settlement can be worked out.

My questions are:
1. Does anyone have any personal experience they would like to share with this or can they direct me to a thread with that information? Just would like to get an idea of what I'm in for.

2. Is it pointless for me to call AMEX directly at this point? The few times I spoke with them they were unreasonable, and everything I said the associate just turned around on me saying that I was refusing to pay - that is part of the reason I've avoided these cards.

3. I feel like if I state no knowledge, and admit nothing, on the summons response the judge will ultimately view me as a liar since the debt is so recent. I don't know if that matters or not - won't it will buy me time and force them to take me to court to prove their case? Not seeking legal advice here, just your thoughts.

Obviously I am a total novice at this so sorry about the long post. I am going to be contacting a few more attorneys today to see what they say, since I have until December 4th to respond and I know that I will worry like crazy until then. I really would just like to get some other members' thoughts on this - I've learned a LOT from this site.

Thanks!
Check the agreement (they probably enclosed a copy with the filling) if it has an "arbitration agreement" it most likely provides for binding arbitration, not litigation, if so you can file (via attorney or yourself) a motion to dismiss.

on your filling to dismiss you want to elect arbitration and request dismissal of this action.

By doing so, chances are it will sit with the courts for months (used to be 6 but I think FL changed it to 12) and then get dismissed, They most likely won't go into the expense of arbitration.

If you don't have an arbitration clause you can still respond and deny and ask for proof of everything (even if the CC name is a little different). they usually drop them when we fight back and ask them to prove their right to collect.
 

KrisD

LoanSafe Member
Mar 20, 2012
24
2
3
Florida
Hello! I ended up settling the accounts for about 33% of the balance. I worked with the associate at the law firm, told him what I could do, and he communicated with AMEX. The number I gave him initially was a little less than 30% and they requested a bit more, so I agreed. I settled in one lump sum - the law firm did not give me the option to make payments, even though I asked. Since it was already in the court system, I didn't try to negotiate too much, and the whole process took about a month from beginning to end.
 

duderino

LoanSafe Member
Feb 2, 2010
79
1
8
Well im dealing with AMEX attorney now. They have not filed suit but say they will not settle. Do I need to get a lawsuit going to get a settlement?
 

joodto

LoanSafe Member
Oct 30, 2013
1
0
0
Hello! I ended up settling the accounts for about 33% of the balance. I worked with the associate at the law firm, told him what I could do, and he communicated with AMEX. The number I gave him initially was a little less than 30% and they requested a bit more, so I agreed. I settled in one lump sum - the law firm did not give me the option to make payments, even though I asked. Since it was already in the court system, I didn't try to negotiate too much, and the whole process took about a month from beginning to end.
Hmmn.. the lawyer suing me for Amex is asking for a hardship letter before he can submit my settlement proposal to Amex. Has any one heard of this? They have filed suit and served me. I fear that sending them a letter would acknowledge and verify the debt and make it easier for them to obtain a judgement. They refuse to submit the settlement proposal to Amex before I give a hardship letter in writing.
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
84
48
SF Bay Area CA
duderino

Thanks for your post.

AMEX will eventually settle.

Since AMEX hasn't yet filed a lawsuit, I recommend you ignore them (and try to evade service of process, if possible). If you do get served be sure to file an answer.
 
Last edited:

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
84
48
SF Bay Area CA
joodto

Thanks for your post.

I trust you did answer the complain, at least I hope so. If you did, I recommend you tell the lawyer to go pound sand. Good luck.
 

duderino

LoanSafe Member
Feb 2, 2010
79
1
8
Hi tom the only thing I sent them was an email saying that the terms they offered zero interest and paid back over two years were not acceptable and that a settlement would be the only thing I can manage right now. Just got an email back saying they got the email. I believe they will file suit sometime soon and I will of course answer the complaint. We will see if this gets them to negotiate a bit. 33 percent is doable for me. If they get a judgment hell I guess I will just have to find a way to pay them back. funny thing about wage garnishment is zero interest and they can only take so much out of your check. They will just have to wait a very long time.
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
84
48
SF Bay Area CA
Hi tom the only thing I sent them was an email saying that the terms they offered zero interest and paid back over two years were not acceptable and that a settlement would be the only thing I can manage right now. Just got an email back saying they got the email. I believe they will file suit sometime soon and I will of course answer the complaint. We will see if this gets them to negotiate a bit. 33 percent is doable for me. If they get a judgment hell I guess I will just have to find a way to pay them back. funny thing about wage garnishment is zero interest and they can only take so much out of your check. They will just have to wait a very long time.
If, and when, you're served with the complaint, and have filed an answer, the case can be dragged out for many many months. How?

Were it me, I'd initiate discovery proceedings by propounding upon the plaintiff the following: Request for Production of Documents, Form Interrogatories, Special Interrogatories, and Requests for Admissions.