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Everything posted by startbyservingothers

  1. It could get better. I would watch on a debt that size, you never know who might think its worth taking to court. Just make sure to read all the different categories on this site. I think you'll find lots of good information to decide how to preceed with whatever happens.
  2. SOunds like they pulled a fast one on you. You do have to get those types of things in writing. I'd elect arbitration, let it go to an outside collector, and get as many FDCPA FCRA and TCPA violations as you can prove. Counter sue and get them to drop it.
  3. Equifax is hard to dispute here to. They have an outside company that services my area for disputes
  4. Yes they can legally do that. If / when they sell the account to someone else you can watch for all sorts of FDCPA FCRA FCPA violations. That would give you some leverage as you would then have the right to sue them. Also make sure to respond to any summons you may receive. Just because the SOL has expired doesn't mean they can't try to be slick and get a default judgement against you.
  5. I wish you the best of luck and hope you suceed if you are serious about paying these cards off. Some people may say those amounts are small enough that the companies would never want to litigate them in court. It's a calculated risk though. Also your credit may hurt slightly longer. (once you've paid them, its possible you could challenge it on your credit report until it gets taken off) If you choose not to pay: Request thorough verification of debt anytime you get a collection notice from a new company. Consider electing arbitration when you get a collection notice. Make sure to file a response if you get a summons to court.
  6. Good work. I'm willing to bet if you keep after this they will give up. Make sure you keep track of any FDCPA or FCRA violations. For an amount that small it won't take mqny to have them begging you to let them forgive the debt. (And not sue them)
  7. Exactly what I was thinking. I haven't seen too many Mother / son joint credit card accounts; however I suppose it's possible. any (non-joint) Authorized users are not responsible for your debt. I.e. if it's solely your account, they don't have to pay just because you requested a card in their name.
  8. Big banks will pay you to get a checking account there. I can't think of many other reasons to have a checking account at one.
  9. Thanks. That is a very useful response. Actually the question I was asking was much more basic/ obvious than that. If The stat of limitations has passed: Can I use that as a defense during arbitration, if for some reason they choose to go that route?
  10. Okay, Ive explained my case in a couple posts. I'll briefly outline it. YOu can skip strait to the end if you want. My case only outlines WHY I am asking: ------ 1. I missed doing verification of debt (I know I screwed up) 2. Received Summons 3. In my answer to my summons I plan to elect arbitration. Anyways the date of my last payment should have been 4.5-5 years ago (Stat of limitations 5 years in KY) I've already determined about the only way to get them to tell me is if I perform discovery.... Which I dont want to do since that may release my right to elect arbitration. ------ So, If I go the arbitration route, does stat limitations still apply? Any comments on this is greatly appreciated....
  11. I've thought about it and I really would prefer to take the arbitration route for this case. If I perfrom discovery at this stage that may I suppose I could call asset Accesptance and ask. Would they even have that information or want to tell me? (at least honestly?) I appreciate any comments
  12. Sorry for the initial confusion. I added additional paragraphs to my first post. I presume there are no benefits to finding myself in circuit court? Could I use this in my answer to the summons along with the arbitration agreement? In the answer to my summons I could state: " This case lacks proper jurisdiction due to the following: 1. I hereby elect arbitration. According to Page 6 section 2 of American Express cardholoder agreeements states: If arbitration is chosen by any party you nor we will have the right to litigate that claim in court or have a jury trial on that claim. 2. All civil action for money in an amount exceeding $4,000.00 are determined by civil court. per (KRS 23A.010.) Motion to dismiss I have not included counterclaims in this document as I will file them during the arbitration process after the plaintiff has initiated their complaint. " Any comments or suggestions would be greatly appreciated.
  13. Im being sued by assett acceptance for an Amex debt. I found the following for KY on lawdog.com: "District Court: The District Court has exclusive jurisdiction on all civil cases in which the amount in controversy does not exceed four thousand dollars ($4,000.00). (KRS 24A.120.) " Can they sue me in district court even though the amount owed is $2000 + $2200? They would just be limited to $4000? ------------------------------------------------- Updated Information: " Court System: The court system in Kentucy consists of the Supreme Court, Court of Appeals, Circuit Court and District Court. Credit and collection action are tried in the Circuit Court and District Court. Circuit Court: The Circuit Court is a court of general jurisdiction on all matters. (KRS 23A.010.) All civil action for money in an amount exceeding $4,000.00 are determined by this court. District Court: The District Court has exclusive jurisdiction on all civil cases in which the amount in controversy does not exceed four thousand dollars ($4,000.00). (KRS 24A.120.) Small Claims Court: The Small Claims Court is a division of the District Court and has jurisdiction over civil actions where the amount of money in controversy does not exceed one thousand five hundred dollars ($1,500.00). (KRS 24A.230.) However, the number of small claims actions filed by any individual cannot exceed twenty-five (25) in any one calendar year. (KRS 24A.250.) "
  14. I have no idea when I made the last payment to the account I received the a Summons for. I checked my credit reports and the original American Express is no longer there (Probably because I had challenged it). Now it only shows asset acceptance that now owns the account - which doesnt show any information concerning when I last paid. I called transunion and even Amex, neither of which said they had access to that information. I'm guessing contacting Assett Acceptance would be a bad idea. I would be giving away the fact that I dont know the exact date of my last payment? Any suggestions? (I'm currently working on my Answer, which may vary according to this information)
  15. I do really appreciate the offer to fax. Let me know if there was any problems with the number. Hopefully you were just too busy yesterday. Thank You!
  16. Wont let me PM yet. number is is follows. *Deleted* Thank You!
  17. I received a summons earlier this week from Asset Asseptance an assignee of Amex. I am in Kentucky. I've search this forum and the internet in general. But havent found much at all. Can someone point me in the right direction to find a cardholder agreement? Preferrrably one that is a few years old... If anyone has one already, my email is startbyservingothers at yahoo dot com (Hopefully I am allowed to do this. As you can see I am posting this for a legitimate reason) Thank You for any assistance!
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