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Wagner & Hunt P.A. Summons


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Hello all,

I had an AMEX account and refused to pay an amount because long story short they were not able to investigate a charge I disputed. The last time I paid them was june/2008. I received a call from a collection agency and I sent them a CEASE and DESIST letter. On Wednesday 10/01/08, I received a call from Wagner & Hunt P.A. and the person calling said that it was within my best interest to call them back. They never said what it for or gave any other information except his name, phone, and his extension. I then called back and spoke to someone else (since he was not available) and that person told me that a letter was mailed to my home 2 days ago (I guess on 9/29/08) and they were calling to follow up on the letter. I told them that I have not received it yet and if it were sent 2 days ago it is probably still at the post office. He asked me how I was going to settle this matter with AMEX and I responded by telling him that I do not give any personal information over the phone and will wait for the letter to arrive to verify they are who they say they are and if they are licensed. He became upset and said that he will take my answer as a refusal to pay and will send a summons to my home. He also threatened that a civil summons would include attorneys and other fees in addition to my debt.

Now what he doesn't know is that as of May 2008 I have not been living at that address he mentioned to me. My old address was in Florida and I am now living in Kentucky.

I am going to send them a CEASE and DESIST letter tomorrow but wanted to ask for someones professional opinion about this matter.

I am wondering if the mini maranda applies to them because they did not mention anything about collecting a debt.

What should I do?

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I had an AMEX account and refused to pay an amount because long story short they were not able to investigate a charge I disputed.

The fact that they could not/would not dispute matters little if you disputed the charges properly. Can you document that you did that?

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