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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!
I was contacted in September of 2010 by Zwicker and Associates and I sent two DV letters in September of 2010 and again in January of 2011 when I was still being ignored. They never sent me anything and were completely silent until August of 2011. They sued me in State district court and have been dragging along now for 18 months. I have answered every single piece of mail using this site and to date they have only been able to provide me copies of a few months of statements that show that there were never charges, only payments to the account and no documentation of how the balance got up to $10K. Now, I receive a letter from the courts telling me it's time to set a trial within the next 6 months. I need help and I need it fast. I'm not down to the wire yet, but I'm ready to fight like crazy.
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.