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Being sued by Amex

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I was just served a summons to appear for an Amex debt that is not mine here in Arizona.

All they attached as proof of the "alleged" debt is a copy of aan AMEX Blue Card contract. No statements, no signature proof, no payment (copies of checks or account numbers used to pay), they also tried to name my wife in the case but did not know her name and just called her "Jane Doe" along with MY last name.

My question is how do I respond?

Do I repond with a "Motion to Dismiss" for the lack of evidence they have or do I have to file some sort of "Discovery"

Also does anyone have any links to some Arizona Legal Document templates in Word format that I would use in this instance...Like an AZ motion to dismiss template and a Discovery template...

I believe I only have 20 days to respond once I am served som my clock is ticking....I'm hoping all I have to do is file a "motion to dismiss"

The Lawyer filing the Law suit on behalf of AMex is not even located within the same county here in AZ where it was filed...Althoug I know this does not make much of a difference it just seems a little odd.



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If its truly not yours, see if there is a www.naca.net lawyer in your area...

Well it's definitely not my debt....But this is the first I ever had any contact from AMEX other than disputing the random AMEX tradeline appearing on my Credit reports. Myself and my wifes Identiy was stolen about 3 years ago... My Wife lost her wallet, with her ID, SS Card, and her debit card, with some other personal info as well.

We filed 2 seperate police reports and extended fraud report on both of our CR's and an FTC fraud report. We have been dealing with the random creditor contacting us, and up untill now it has been fairly easy to keep them at bay with the documentation we have, but this is the first time we were served with a law suit...We have never been contacted directly by AMEX at all ever.

I looked at the NACA site but no lawyers in my area specialize in this kind case that I have been able to find.

I am not sure what the process is when served....

I know I have a time limit and that I must answer the summons or be at risk of getting a default judgment. But what constitutes and answer?

Does filing a "motion to Dismiss" constitute an answer. Does filing a "motion for Discovery" constitue an answer?

Does Discovery have to be formally filed through the court or is CMRR to the lawyer filing suit with a letter act as proof of Discovery?

I really am clueless and am running out of time.

Any help would be appreciated.


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