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Sued by Amex

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    SAn Diego, Ca

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  1. @shellieh98 thsi is what I want, no attorney fee's, no witness fee's, and they can take on interest too after the judgement, which I don't want, they're already tacking on the filing and service fee's.
  2. if I decide to go to court/trail, how do I answer the summons?
  3. Ok so whats the difference between going to Court and ARB? I know many say ARB is a strategy to ...get time or a settlement or other things...eventually they both end up being the same, gotta pay the bill which I am not contesting. I just want a managable and affordable payment plan. If they offer a lower amount to settle, I doubt I'll have that amount to pay outright, but maybe as a lump towards it and then payments. But his plans for today were out of my reach.
  4. I believe his response was "well on such an such date it was closed and it was then due in full." that's it to that question. I've also posted my questions in this forum but wasn't sure where to put it in state or case law. I've seen others stating violationsnad wanting financial damages but do I have anything to do that? I just want to make payments and be done with it.
  5. My original posting is here: http://www.creditinfocenter.com/community/topic/326750-sued-by-amex-in-california/ Some were saying that as I am paying on a closed case to AMEX but have been served and am being sued by an attorney for them, they may be in violation of good faith suit? somethign like that? Anyway I'm just sitting here trying to fill out the JAMS for for ARB and came upon the part: "Claim & Relief Sought By Claimant" and in the ARB forum I found this: "Statutory and actual damages and other relief will be detailed in formal complaint." not sure what all that means other than details. is there another form I will be filling out with specifics? if so, what shoudl I put, all I want is to have a manageable payment plan for AMEX, I own as of today 22K and have been paying it down from 31K for the past 8-10 months but am now being sued, I'm still making payment though each week. Is there a violation there? or what am I to put in relief sought? a managable payment plan that I can afford? Sure I'd like to get a lower number but I don't really have the money for a lump sum. all I can do it monthly payments, I've offered 400$ a month and they turned that down. However the payments I do pay if averaged out over the past 10 months is about 1K per month. Just trying to see what I should putfor that one section. any help is appreciated. thank you. @calawyer @Anon Amos
  6. so I'm sitting here filling out this JAMS for and this part I found in the ARB forum: For Claim and relief - Statutory and actual damages and other relief will be detailed in formal complaint. so after I file then I will file out a longer length form with all damages or reliefes sought? such as no filing fees of summons, no service fees. affordable payment plan...etc...
  7. I also asked him if it was sueing in good faith while I was making payments on the account still. this time they also included the filing fees to my debt, I think it's time to start the ARB process. So I see the letter in the ARB forum to send them. I am calling JAMS? Anything I should or should not say?
  8. crap I think I mesed up, I mentioned I was opting for ARB with Jams. I need to run to the po now and send that. they declined my offer of 400$ a month and came back with 1900 a month which I can't afford. so like I said I think I messed up, but it was on his recorded lie that I made mentio of ARB with JAMS, so hopefully that can stand in court if need be but I htink I need to fly to the PO and send ARB letter. any suggestions?
  9. just got off the phone with attorney. He clarified the issue about the "invisible Limit" I told him about so he was able to talk to me today. asked himif he was aware I've been making payments and he said yes he was and that he sees the payments I've made since they took over the collections. I reiterated my offer and he tried to get ahold of his client liason but wasn't able to. He said he's get back to me by lunch time on this. Soo.... we'll see. Is there anything else I should ask for in this deal making? such as stop updating CR or?
  10. I am assuming they don't know either now. I'm a little worried about telling them as I don't want them to tell AMEX to shut me down, I want to continue making payments. or should I just call them and ask them if they are aware I've been making payment? I offered them 400$ a month the other day when I was served and they were telling me it would be 4-5 years before it was paid off. but it wouldn't be that long. I pay more when I have it. They got weird on me when I started talking about the no specificied CL and then said I hit an invisible CL and they had to talk to their client before talking settlements. So should I call and ask them if they are aware I've been making payments?
  11. ok I missed that, I was just looking at the cover letter. sorry. See photo. It says I have failed and refused to pay the sum of $23,103, which I've failed to pay the whole sum, but I have never refused to pay and they have that recorded ont heir "quality assurance recording". There's also a 3rd cause which ys no part has been paid. September was a slow month for sale and I only made a 35$ payment. But sales have picked up and payments have resumed as usual. that's the short history of payments attached at the end, I've been paying ever since it was late, every month. Feb. 2015 is the first bill it said I was late. so January I didn't make the full payment. After February or in February they lowered my CL to 20K so I couldn't use it at all as the balance was 31K. As I've stated in previous posts I've paid it down since then to what is is today of $22,700
  12. I don't see "cause of action and or common counts" but listed under section called contract rule 3.740, remedies sought: monetary.
  13. Oh yes, they are reducing my bill, I look every other day and put more money towards it. the amount goes down further everytime I pay. I dno't want to stop putting money towards it as I am at least paying it down, and if theres asomething that says they broken some rules by sueing me while I was paying on it then I might have a better cahnce at winning, or getting a payment plan that is good for both parties. I do have a small amount of money I can tap into if I need to, but it's not much.
  14. But I shouldn't say anything to the attorney for them should I? As they could them get Amex to stop taking payments.. right?
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