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Found 13 results

  1. Hello, I’ve been a long time lurker, but this my first time posting. I was sued by American Express Centurion Bank represented by Zwicker on February 23rd, but served to me on May 15th. The suit is for $12k. I filed a general denial answer and counterclaim against Amex. It has now been 21 days since I filed the answer and counterclaim. On June 19th Zwicker transferred the case to Suttell and Hammer who sent me a new dunning letter along with the change of counsel motion. I was planning on filing a motion for summary judgement on my counterclaim on Monday and a request for dismissal of plaintiffs case without prejudice. I have several questions: 1. Is the change of counsel a delay tactic? Why would they change law firms so close to when their answer to counterclaim was due? 2. Suttell and hammer currently represents Discover card in a case against me. I sent a request for debt validation to them. Haven’t heard back yet. Since I have virtually no assets wouldn’t this be a severe conflict of interest for both clients of Suttell? They would be fighting over the same small amount of assets. Any help and advice would be greatly appreciated!
  2. Everyone has a story.. I'll make mine short. Life altering unexpected decline in health lead to unemployment. No support system, no help. It took me about four years to get both my health and life back on track. I met a girl four years ago who I'd like to marry. We're moving next summer and I want to prepare my credit to buy a home in the next year or two. I beat Cavalry in court on one account (thanks to this community!), the rest have surpassed the statue of limitations here (5yrs). AMEX ($3,500) - Est Removal: 10/2018 Portfolio 1 ($3,000) - Est Removal: 02/2019 Portfolio 2 ($2,500) - Est Removal: 10/2018 Enhanced ($1,000) - Est Removal: 11/2018 I'm not sure what the best course of action here is.. I've been living under the radar for years, running cash businesses etc. I'm self employed, I do pay some taxes but do not have my own checking (use PayPal business w/card) or my own credit cards (on family accounts as an AU, pay them directly). I'd like to begin improving my credit score. My SO has great credit (810+) BUT about $150k in student loans. I'd like to try and get us a house or investment property in the next 1.5 to 2yrs. So I was thinking contact the reporting agencies on Portfolio one as I'm sure the last payment is inaccurate. I'm hopeful there is something aggressive I can do against the three remaining account but maybe just let them run their course? In the mean time then, open a bank account, and get a secured card (Discover IT). Possibly a secured loan the first year for extra oomph. Next step, focus on that AMEX. I'd like to get another one, one day. I've read I need to pay the debt directly to AMEX and should get myself added as an authorized user on a good standing account a bit after that. If approved as an AU then I'm off the BL and should re-apply to AMEX on my own when my credit merits it. Thoughts? Thank you for any time you may spend reading this or better yet.. replying. Sincerely, my thanks.
  3. Hi... I am kind of stumped. A lawsuit was filed in August of 2016. AMEX Business Gold Rewards Card Date of last payment was August of 2015. I had a call every now and then. I asked about a payment plan. They offered the balance in 8 installments. I cannot commit to something I cannot do. After the lawsuit was filed, AMEX has been calling just about every day to collect on the account. I was financing the expansion of my business as I was expanding, I had charged approx. 55,000 on the card. It had no preset spending limit. Before I used the card for expanding, I called and asked what the limit was, they said no preset limit. So I did ask the question, I was thinking of expanding the business, can I charge up to 100,000. I was told yes. As soon as I got to 55,000. They lowered my limit to 13K. My expansion project had to get shelved due to funding. Can Amex call me every day after the lawsuit has been filed. They do leave a voice mail every now and then which I save, But I am thinking this is harassment, since there is a lawsuit pending.
  4. Dear Forum Members (@SeaDragon, @CALawyer, @RyanEX, @AnonAmos, and others), Lost a trial vs AMEX, FSB here in California. Judgement filed in favor of Plaintiff on Nov 30th. - Affiant XXXXXX, who signed on Declaration in Lieu of Testimony (with exhibits/documents) was the Live Witness at the trial. - Affiant XXXXXX perjured in his Declaration by giving a false address. Was served by process server - but unavailable for personal service. - Judge allowed Declaration and perjured Affiant to take the witness stand. Judge allowed the exhibits and documents as evidence. - Judge mentioned verbally, there maybe some doubts about his testimony as Custodian of Records - towards the end of the trial. Was wondering, if I might have an Appeal case? Kind Regards.
  5. Hello people from this forum, I have a low amount debt with AMEX ($700) and will not be able to pay for the first time in about 10 years, and probably will not be able to pay a single dollar in the next 2 or 3 years. My wish would be that this debt is kept, with interest adding up, until I can get access to dollars again, so that I don´t loose the amex card, but I know it´s an impossible dream. I will have trouble. I live outside the U. S,A. but the AMEX is from an american bank, I used to pay every month directly from a bank account but this account has been closed and foreign currency (dollars) in my country are really, really hard to get and very expensive. What will happen to me? What should I do? Thank you very much, and forgive my bad english.
  6. Good morning all, I'm new and have been reading much about amex, and arbitration. reading the fine print on the CC agreement is sometimes "yeah,yeah,yeah", until you come to a place like this and see there's a good reason for these things. Thank you! ok so Amex just served me yesterday and I want to be timely and not have a judgement against me just yet. I've been reading arbitration may be the best thing for me? Maybe not. My debt is for 23Km it was 30K but over the past 8 months I've been paying it down to 23K. Back story: I had an IT consult business which took a turn for the worst, when the economy feel in 2008 or so, and I had to reinvent myself. I started selling collectibles onn ebay and have been supporting ym family this way for several years now. I made the mistake of using Amex to support paying my distributor for my inventory and my monthly faul in full grew to about 8K a month. I was able to pay this off each month. I started hitting a"spending limit" with Amex but was told I had no stated limit, but each month I'd hit an invisible limit at about 32K so I wasn't able to use it at that point so I would pay it down and be able to use it, I put some of the debt over on pay over time so I could continue using it. One month I was late on my payment, I believe I was 20$ late or something close, but the put a freeze on my spending ability until I was caught up. Things happen and when this happen I had to use the cash from sales to pay the distro to stay in business. The feed the family, then the excess would go to amex to pay it down. Still unable to use the card they then lowered my credit limit to 20K and I was still unable to use and my paying ability went way down as I had to use that money from sale to 1) pay the distro, 2) Feed the fmaily, 3) pay amex. Amex cancelled my account and sent it to a collector, I forget the name but I was still paying amex each month any amount I could and in the past 8 months have paid it down 8K. They don't care they want their money. I understand this. can't give what I don't have. Then I receive letter from attorney to contact them and I forget to as it sat on my desk in a pile until I was served yesterday. I called the attorney sung me and tried to see about payment plans, I said I could commit to 400$ a mnth for sure and then proceeded to tell him my back story as I did above. He sai he will talk to his liason and come back in a moment, he said that 400$ a month wasn't much and it would take about 5 years to pay off.( better than not right?) BUT NOW he would have to consult with his client about the allegations of invisible spending limit I stated and then get back to me about it when he could. I said let's just work on payment plan and he said he couldn't until he looked into the m,atter more. I asked him so basically your saying you're blowing me off and I'm going to just have to go to court? He said he couldn't give legal advise and to consult my attorney and then basically hung up. After initial upset, I say down and started researching and came upon this site. Suit is filed by Law Office of Sara J Hamilton P.C. for American Express Ccenturion Bank, a Utah Bank. I have 30 days to file written response. ourt filedin is here in San Diego so I assume that's where I file my response to go to ARB? So here's more info on me: I work for myself, slef employed.. Last years net income AFTER taxes was approx 10K-15K, I'll have to look it up, but I have a lot of write-off as my home is my place of business and things add up for running the business, gross income is over 100K but with inventory all bills paid and halth insurance net is what I stated above. I own NO Property. I have a bank account that has little money in it at any one time. I use paypal and it's debit card for monet transactions unless I have to transfer money tot he bank to pay bills I owe a Toyota Highlander outright, it's the family vehicle. I am paying on a new toyota truck which is also the work truck for IT stuff(what's left of it) and also a fmaily vehicle(dbl cab). My Questions: Should I do arbitration? or go to court? I'm familiar with small claims as I've had to sue to get paid as well, and a judgement is something that is on your CC report until it is paid correct? and then 7 years after right? Summer time is slow for sales of my kind but I'm still putting money towards the debt, as much as I can when I can. My thoughts or assumptions after reading on here for several hours is with arbistration I am basically buying some time? If I go through JAMS for arbitration, amex has to pay for it? Or I can get their fee's waived as I was just approved for Medi-Cal, californias low income health insurance, so courts site says I can qualify because of that for fee waiver. Same for JAMS? So opting for ARB I understand it will start to cost AMEX more moeny to deal with me, and they may drop the collection? if so what is put on my CR? A charge off? If they continue with ARB, they run up the bill and if we go through ARB will that give me an avenue to ask for a payment plan or what? have read much on here but I am still alittle unsure of what ARB does for me and what happnes if it actually happens. I think I understand there is a judgement still but how is it different than going to court? Should I file some STAY on the court until ARB is granted? Will ARB be granted with JAMS when I call them and file for ARB? Any help is much appreciated. I do well with visual so an outline of what I should/need to do would be appreciated, I will be reading the ARB forum next after lunch and try to figure more out on my own. Thank you.
  7. Hi Friends, I had taken an AMEX credit card from Selfscore.com which basically acts as the primary card holder and issues addon cards for international students without credit score. And since our SSN's are linked to the credit card the whole account affects our Credit Report. But unfortunately this card which I have taken in January has been affecting my credit report very badly as all the other addon holders are using it to the maximum limit. Would closing this card help me repair my credit score ? I'm worried because it has been only 3 months since I opened the card and I'm not sure how it would affect my report. Just FYI I have a discover card which is solely on my name and always used 30% or less and is active since November 2014. Your advice is greatly appreciated. ThanksAJ
  8. UPDATED: 2/11/15 in Post #14 I am 5 months delinquent on an AMEX card with a balance of $15K. The account has been cancelled. While I still owe AMEX the balance, they have Gatestone (the DC) contacting me for the money. Today, I let the DC know I have a settlement offer ready ($7K, one lump sum) with a 'hardship letter' (as requested) as to why I can't pay the full amount. But when I mentioned it, the DC told me she couldn't submit the offer without me first making a payment of $260. She said this was because "my account is still accruing interest." (Duh...) And that this was an AMEX stipulation, not Gatestone. Of course, when I told her that didn't sound right to me, she got angry and accused me of wasting her time. -Is it common to require a payment before I submit a settlement offer? Does that sound right to you guys? -Should I try to send my settlement offer directly to AMEX? I'm concerned about AMEX not even receiving my offer or having a chance to counter offer.
  9. I owe $10,800.00 to Amex for a year now and the other day I received a Summons/ Complaint from a law firm representing Amex. I am supposed to give an answer within 20 days. I live in FL. Please advise as I am still in shock. I believe from what I read throughout those forums that I have to send a letter of Election of Arbitration then file MTC and other documents needed.
  10. Hi Everyone: I'm in a bit of trouble and hope someone has experience. I started reading and noticed that I'm on the loosing end of this process. My trial date is set for October. Does anyone have experience against Moore Law Group? I owe about 7k to Amex. Was not able to negotiate with Moore Law Group. They placed an envelop of what they called "Case Management Statement" at my door. Now a trial is set for October. There was no discovery sent to me or any other communication. I really don't know where to start to even approach the question of what to do.
  11. Hi everyone, I received a summon at my parents house and i didn't sign for it. I don't live at that address for over 3 years already. But my dad signed for it without knowing what was it for. I have the papers now, but with only a few days to respond. How should i elaborate the respond letter to avoid any judgement? The debt is for $6K. Any professional advice is appreciated or if anyone can point me in the right direction. Thank you in advance!
  12. Hola, My first post and I apologize in advance if this is in the wrong forum. I received a summons and complaint on Tuesday the fourteenth of May. I have researched the boards and forum, but honestly there is sooooo much information, I’m totally confused. So if anyone out there can look over the summons and complaint and my drafted answer below, and give me any ideas, tips and or comments I would be grateful. I'm just overwhelmed by this whole legal process.... Here is some background: 1. Who is suing you? American Express Bank, FSB through an attorney in Tucson. 2. For how much? $9,352.60 3. Who is the original creditor? American Express 4. How do you know you are being sued? Summons and Complaint 5. How were you served? Delivered to my relatives house in person while visiting. I just use this address as my US Address. Never have lived in Arizona, obtained the credit card while living in Washington state and 15 years ago moved to the west coast of Mexico. I now reside in Mexico and have for the past 15 years. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Little contact by phone, had signed up for one of AMEX's debt payment plans directly with AMEX. Followed it but when the time limit for the no interest and lower payments ended, the payments were just too much and I told them so. They would not lower the interest rate or the payments so I had no choice but to stop paying and I told them so. Last contact with American Express: 5/5/2012, Last payment 1/9/2012, last charge 3/2/2011 Also, have never spoken with any of the debt collection agencies they hired except I did try to call the attorney who sent me the summons after I received it, to see if I could settle. The girl I spoke to said she was not authorized to deal with people out of the country and would have one of the lawyers contact me. To date, no contact. 7. Where do you live? Mexico 8. When is the last time you paid on this account? January 9, 2012 9. What is the status of your case (if anything has been opened)? Don’t know what this means. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? No 12. Does your summons require a response in writing? Yes. Within 20 days. 20th day is June 3rd. However, I have to DHL answer back to Arizona by Tuesday May 28th, so time is short. 13. What evidence did they send with the summons? I received three forms from the process server -- 1)Summons Civil, 2) Complaint (contract), and a 3) Notice to Litigants: Requirements to appeal a decision of the justice of the peace. No evidence was attached. 14. What is the SOL on the debt? I don’t know Sent to my name and John Doe Plaintiff, through undersigned counsel, alleges as follows: 1. Defendant (s) (is are) husband and wife and) (a) resident of Maricopa – North Valley County, Arizona. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is a pre-marital debt, the non-debtor spouse is joined only as a necessary party pursuant to the law affecting community property. 2. This court has subject matter and personal jurisdiction. 3. All pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa – North Valley County, Arizona. 4. All conditions precedent to Plaintiff’s right of recovery have occurred. 5. by accepting and using an offered credit, defendant entered into a credit card agreement with American Express bank FSB under account number ending in XXXX and agreed to the applicable terms and conditions of that credit card (the Debt) 6. Defendant is in default under the terms of the debt. The present amount owed under the terms of the debt, after all setoffs, is $9,362.50 7. Despite demand to do so, defendant have failed to pay the amount owed. 8. The acts and omissions of defendant consititute a breach of contract. Plaintiff has been damaged thereby. WHEREFORE, Plaintive prays as follows: 1. For judgment against Defendant in the sum of the balance of $9.352.60 2. For costs incurred herein: and 3. For such other and further relief as the court deems just and proper. After much research I came up with the following Answer. However, several points just don’t seem right. So any critique is appreciated: MY ANSWER: In response to the plaintiff’s complaint the defendant responds as follows: 1. In response to paragraph one of Plaintiff’s complaint, Defendants admit they are husband and wife but deny all remaining allegations. 2. In response to paragraph two of Plaintiff’s complaint, Defendant are without sufficient knowledge to either admit or deny the allegations contained therein and therefore deny them. 3. In response to paragraph three of Plaintiff’s complaint, Defendants deny the allegations contained therein. 4. In response to paragraph four of Plaintiff’s complaint, Defendants are without sufficient knowledge to either admit or deny the allegations contained therein and therefore deny them. 5. In response to paragraph five of Plaintiff’s complaint, Defendants admit in part. I did have an account with American Express and deny in part. I have been presented with no evidence that the account I had with American Express is the same account as the debt alleged in this complaint. 6. In response to paragraph six of Plaintiff’s complaint, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 7. In response to paragraph seven of Plaintiff’s complaint, this request calls for admission of a matter Defendant has denied and thus it is improper. 8. In response to paragraph eight of Plaintiff’s complaint, Defendant denies the allegations contained therein. DEFENSES: 1. Plaintiff has failed to state the basis of the lawsuit: They did not cite an actual state law which was violated. 2. Defendant reserves the right to plead affirmative defenses that may become applicable and/or available at a later time. 3. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time. STATEMENT FOR INFORMATIONAL PURPOSES: I do not live in Arizona and never have. The address in AZ is the address of a relative. At present I reside in the state of Nayarit in the country of Mexico and have for the past 15 years. I have no assets in the United States. I have tried to speak with the attorney for the Plaintiff’s about this summons and complaint and to date have not received a reply. WHEREFORE, Defendant XXXXX, respectfully submits that the Court should dismiss or deny the Plaintiff’s complaint. The Defendant prays for Dismissal of the complaint by the Plaintiff and reimbursement of my court costs. Further the Defendant sayeth not. Dated this 27 of May, 2013 By the Defendant acting pro se That’s it. I’m not sure what to expect, but at this moment I cannot pay the amount they are asking. I’m really judgement proof having no assets in the US other than one old car registered in my name in Arizona. The car is here in Mexico and a 1997 with over 140,000 miles on it, so don’t think they would be foolish enough to come here and take it, but you never know. It’s probably worth $3,500 dollars. What I would like to do is to delay the judgement or maybe if my defense is good enough get this dismissed. Thanks for any help anyone can give me,
  13. Got summons in MI from Zwicker/Amex Looks like they are learning so I am posting info so you can see what to expect and I welcome suggestions as I form my response. COMPLAINT quote(MCR 2.113©(2)(a) Plaintiff, amex, by and through it's attournys, Z&A, P.C. for it's complaint about againts xxx ("XXX"), states as follows. PARTIES 1. Plaintiff, amex, has a principal place of business located in SALT LAKE CITY, UTAH. 2. Defendant, XXX, is an individual who resides in XXX, MI. (which we dont, we moved) 3. The amount in controversyis less than Twenty-five Thousand Dollars. A. BREACH OF CONTRACT 4. Plaintiff incorporates by reference paragraphs one (1) through three (3) above as fully set forth herein. 5. On or about 8/11/2005, XXX entered into a contract with amex for credit services ("Contract") and amex established a credit account for XXX, Account No. XXXXXXXXXXXXXXXXXX. ("Account") 6. At or about the time XXX received the credit card, amex provided XXX with a Cardholder Agreement which detailed XXX's obligations and liabilities for all credit extended by amex. Attached as Exhibit "1" is a copy of the cardholder agreement XXX was subject to at the time of default. 7. Pursuant to the terms of the Contract, amex, on various dates provided credit services to XXX in exchange for XXX'x promise to pay for said services as billed on a timely basis. 8. amex has substantially and materially performed all of its obligations pursuant to the contract for the Account. 9. As of 8/4/2010 the Account's outstanding balance for the credit services extended to XXX is $xxxx.xx. 10. As of today's date, XXX fails, refuses, and/or neglects to pay amex the balance due and owning pursuant to the Account contract for the credit services previously extended. 11. XXX has materially breached the terms of the Contract. As a result, amex, has been damaged in the ammount of $xxxx.xx. B. ACCOUNT STATED 12. Plaintiff incorporates by reference paragraphs one (1) through eleven (11) above as fully set forth herein. 13. The parties entered into a contract whereby amex provided credit services to XXX based upon the promise of XXX to pay for same. 14. Amex promptly performed all obligations pursuant to the Contract and rendered monthly statements to XXX detailing the credit extended and the amounts due and owing for the Account. 15. Prior to the filing of this Complaint, XXX made no objection to said statements or any part thereof. 16. There is presently dur and owning over and above all counterclaims, the sum of $xxxx.xx. 17 Despite amex's demands for payment, XXX has refused to make payment on the balance due and owing for Account. 18. Pursuant to MCLA 600.2145, an Affidavit of Account Stated indicating the amount owed by XXX and is attached hereto and identified as Exhibit "2". C. UNJUST ENRICHMENT 19. Plaintiff incorporates by reference paragraphs one (1) through eighteen (18) above as fully set forth herein. 20. At the express request of XXX, amex furnished credit services to XXX. 21. XXX has received the use and benefit of the credit services without payment of full consideration. 22. Justice requires XXX to pay for the use and benefit of the credit servcies furnished by amex. 23. The value of the credit services furnished to XXX which remains unpaid is $xxxx.xx. 24. As a direct result of XXX's actions and/or omissions, including failure to pay amex for the value of the credit services received, XXX has been unjustly enriched at the expense of amex. RELIEF REQUESTED WHEREFORE, Plantiff requests this Honorable Court to: A. Enter a judgement regarding Account No. XXXXXXXXXXXXXX in favor of amex against XXX, in the sum of $xxxx.xx, plus plaintiffs attourney's fees and costs to the extent permitted by applicable law; and B. Grant such other relief as is just and appropriate under the circumstances. Exhibit 1 - Copy of Contract (no signature) Exhibit 2 - Affidavit of Account Stated (basically a notarized final statement) Needless to say I feel a bit overwhelmed by the 3 pronged attack. Our goal is to get a settlement for 30%-50% of the amount owed. Please use this info to your advantage in the escalating battle against creditors and again I welcome any informed advise.
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