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AMEX breaking my knees


ccblues
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Tell me quick if I should just give up.

IN FLORIDA.

I was sued by AMEX...responded ...appeared at hearing Civil Court...brought my defense records (we can get to that later if there is a later). At hearing, Judge calls Plaintiff attorney (by phone in court)...when I tried to present definse i was told by judge to hold everyting that a financial fact sheet would be sent wihtin 60 days for me to complete and that she would determine what, if anyting, I could pay after she reviewed this informaiton. My daughter (age 19) was there to witness this discussion.

Within a few days a Judgement was rendered and mailed to me in favor of Plaintiff (AMEX) which included all fees, attorneys fees, etc. I was never sent a Financial Fact Sheet to complete as Judge as stated. I sent a letter to the Judge requesting clarification and stating that I had not received financial fact sheet and had not had the opportinity to present my defense. Requested under Freedom of Informaiton Act video or audio where Judge stated financial sheet woudl be sent. The Clerk of Court responded that there was no video or audio at Civil Court that Judgement stands and that I could have requested a Court Reporter but that it wsa my respnsibility (nothing in the paperwork sent to me about this) They suggested I contact the Plaintiff to see if they had audio...haha (that is my haha). I have not as yet unless you suggest I do.

Where do I go from here? The original credit card debt was close to $9,000 at the point I requested (by phone) assistance from AMEX to stop fees, etc for hardship purposes (2 hurricanes and business loss). Their representatives would not work with me...break knees people...I worked with the cc people who worked with me, who are all beng paid, but AMEX rushed to court.

Now...despite what judge said regarding financial forms (never received), judgment includes AMEX legal fees, court costs, added interest and fees....comes to about $13,000....I was willing to pay what I owed, but now they have stuck me with an additional $4,000. I could not afford my own attorney, but I am now paying for theirs?????

THIS IS NOT JUSTICE!!!! I don't have this much to lose, so that is one pont...but this is not right! How can a Judge order financial fact reports in court, they never be sent and the plaintiff get judgment?

Can some great legal mind tell me if I am just a little perosn who is stomped or if I have recourse and can somehow fix my knees and stand up for me and all the other little people? Thanks much.

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The Clerk of Court responded that there was no video or audio at Civil Court that Judgement stands and that I could have requested a Court Reporter but that it wsa my respnsibility (nothing in the paperwork sent to me about this)

Sorry to hear about this situation. The thing about representing yourself in court is, in addition to your own case, you need to know the rules of the court, which is probably where you'll find the part about requesting the court reporter.

I'M NOT A LAWYER, AND THE FOLLOWING IS NOT LEGAL ADVICE!!!

As for the rest of it, you may want to contact the court clerk to let them know that you had not received the financial fact sheet that you were told you would receive, and that the judgment was entered before all the information was in. The clerk can either give you the procedure to follow or at least point you in the right direction. Also let AMEX know that you are going to appeal the judgment based on the lack of information that was supposed to be requested (that's me spit-balling, not legal procedure) but try once again to reach a settlement for the $9K that you said you are willing to pay since you do owe.

Other option would be to contact your state bar referral service and get an hour consultation with a consumer attorney, which is my strongest recommendation.

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See a lawyer!

I get the feeling we are not getting the whole picture here. What you describe doesn't sound like a regular lawsuit but something else.... like a confirmation of an arbitration award maybe... or something like that.

You need to hurry up because once a judgment is rendered, the clock starts ticking for an appeal. I'm not familiar with Florida's rules, so at the very least get an initial (free) consultation with a naca.org lawyer and check your options.

Edit: Oooppsss.... willingtocope is right, as usual. I meant naca.net

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