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  1. Racecar, from what I've seen on this site, I thought arbitration was frowned upon although I'm not sure why... But I would like to know if I still have this option or not. sahm1998, you are correct, I answered the complaint, but did not request discovery. What is that, exactly? Their attorney sent me a large packet of papers (see original post). I assume it's a copy of what was submitted to the court?? Also, how much time do I have and how do I find out if I have a pending court date. Will the court communicate with me? I've received nothing from the court so far and looking on their web site, I don't see anything about a court date (maybe I'm missing it). Will they notify me?
  2. Thanks Racecar. I followed your link and found a 3 page PDF of LVNV vs MOEHRLIN. It appears the Plaintiff's Final Judgment was denied mainly because they did not attach contracts and statements to their complaint. However, in my case, the plaintiff attached the card holder agreement and monthly statements as Exhibits. 1. However, the agreement attached doesn't have my signature anywhere (as it's the boiler plate agreement that, I assume, is agreed to when first using the card?). 2. Also, even though marked as EXHIBIT A and EXHIBIT B, the affidavits don't refer to any Exhibits - only referring to "the document(s) attached hereto". Would either of those be a valid defense?
  3. 1. Who is the named plaintiff in the suit? **American Express, FSB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) **Zwicker & Associates, P.C. 3. How much are you being sued for? **$12K 4. Who is the original creditor? (if not the Plaintiff) **American Express 5. How do you know you are being sued? (You were served, right?) **Served 6. How were you served? (Mail, In person, Notice on door) **In person 7. Was the service legal as required by your state? **Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? **None. 9. What state and county do you live in? **Lee County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) **May 2012 11. What is the SOL on the debt? **I don't know what the Statute of Limitation on the debt is... I doubt it's expired yet. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). **See my original post. They are suing me and my business 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) **I filed an answer to their original summons stating that I was "without knowledge regarding the allegations". I have not contacted the big 3 credit bureaus. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. **no. not sure what debt validation is... 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? **I responded to the original summons. Now they have filed a Motion for Summary Judgement. I don't know how long I have to respond or how long before I would have to go to court. Where would I find this? The Clerk's website simply lists what documents were filed. The only paperwork I've received is from the Plaintiff/Attorney/Assistant Custodian of Record. To date, I have received no paperwork from the court. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. **See original post. 2 affidavits, business card agreement (Exhibit A), CC statements from 2007-present (Exhibit , Motion for filing Summary Judgement, Certification of Plaintiff's Attorney
  4. I'm living in Florida. Sept 2012: I was served with complaint by American Express for $12K owed in CC debt. Oct 2012 I submitted an answer claiming the defendant is without knowledge regarding the allegations. 11/26/12 According to the county Clerk's website, AmEx filed: Motion for Summary Judgment Notice of Filing Affidavit of Costs Affidavit of Account 11/27/12 I received a large packet of paper including (not sure how these match up with above list exactly): Plaintiff's Motion for Summary Final Judgement Certification of Plaintiff's Attorney Affidavit Notice of Filing Affidavit in Support of Plaintiff's Motion for Summary Final Judgment Exhibit A - stamped on 1st page of CC agreement Exhibit B - stamped on one page of hundreds of CC statements (2007-present) Questions: 1. Would filing a Motion to Strike the Affidavit(s) based on a technicality end the case if successful? Should I try something else? 2. Should I expect to have a trial? If so, when would it typically occur? 3. If I file bankruptcy, would this end the case? Do I need to file bankruptcy before a Final Judgment is rendered? 4. If I want to try to negotiate a lower payment to end the case who do I contact? What should I offer? Notes: I have a client that owes me $35K in consulting fees since 2010. He has been in prison in another country for the last year so I will probably never see any of the money he owes me... Maybe I can file a suit against him or his US company? In the mean time, I was racking up CC debt and now am nearly broke. I rent (my house just went to my wife as our divorce was finalized last week) and I own a 10 year old van. 5. What assets are at risk if I lose this case? My bank accounts? My Van? My wages? (I am currently self employed, but my 10 year old business is near death and I'll probably have to get a new job soon). 6. If I were to somehow get a judgement against my client for $35K, and AmEx gets a judgement against me for $12K, can one be used to offset the other? Thanks for any help or guidance!