GAMtgGuy

Sued by Amex via Zwicker & Associates -- Answer Attached

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I, too, was dinged by the "jurisdiction of the court" statement by originally stating that I was. Thankfully, I amended my answers (thanks to this site) and changed it to I am not subject... I did this as I elected arbitration. Because I originally stated that I was, the judge did not dismiss my case (upon my motion) but said that I was requesting the court to compel arbitration instead. Had I ansered 'not subject to the jurisdiction", apparently it could have been dismissed on my motion. From that, I have learned to research EVERYTHING that I admit to or deny, its the little technical stuff that gets me all the time.

BTW, I go to court soon on the motion. Any advice anyone? Apparently, the plaintiff has to show the judge cause why the contract is not valid in order for him to deny my motion. Are there any land mines that I should be aware of? Any advice? I did see the posts by gamtgguy and the info is great, I like the impossibility to perform (?) one, lol. Also wondering if I should initiate, with JAMs. Any thoughts?

DID THE PLAINTIFF TRY TO USE YOUR YES ANSWER TO THE JURISDICTION OF THE COURT ANSWER TO PREVENT ARBITRATION?

I WOULD THINK THAT WAS JUST A VERIFICATION OF YOUR RESIDENCE IN THAT COUNTY/JURISDICTION? :confused:

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Hello GAMtgGuy

Thank you for responding to my post on 2/24/10 regarding a summons filed in superior court from Zwicker and Associates representing Citibank. You have so much useful information. We sent a response denying paragraphs 2-8 based on not enough information and sent them a DV letter via certified mail. They sent him today an Interrogations, Admissions, and Request for Production of Documents letter, which I am not sure what this means . They did not address the debt validation letter and has starting back calling my home. I do not want them to freeze his small account in the bank to pay his difference for school next semester. He only has a part-time job making $75 a week (but Citibank approved for a $3000 credit limitwhich they knew he did not have the means to repay! Now it's almost $4000)

We live in GA, but my son attend school out of town (still in GA). Although I was not on his card, I am trying to handle this on my own and would greatly appreciate any advise on how to proceed from this point. Also if you or anyone out there have any documents you would share, I would be grateful. Do I respond to the Interrogations or send something else. I tried to send this in a private message, but was not allowed because I am a new subscriber. Thanks again.

College mom

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hello, i am also in same boat, Ga resident, served by Zwicker ...they served me in wrong jurisdiction, i denied that in my answer, they just sent me interrogatories and request for documents, (why didnt they refile in correct county?) they said if I dont answer in 30 days, default judgment....

i am scared to death, single mom, and this debt occured the first year after my divorce...i have not used the card in two years ,defaulted once and 30% interest...and so what i charged has almost doubled since default.

I am considering bankruptcy, i have two other cards, but now my ex isnt paying child support. I just dont know what to do and if they garnish my wages, i wont be able to pay my house payment much less care for the kids...:cry:

Gaman or anyone, do i answer the interr even though wrong jurisdiction and then i dont know how to answer them, so can you helpe with the forms..and i really dont understand arbitration ,so if some one could explain

thanks you all...

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Hello, I need to respond to Zwicker's request for discovery/interrogations/production of documents and would like a copy of documents used as a guide. Also, if you have send them a request for discovery I could use that as well.

They filed their claim in Georgia's Superior court instead of state court. Any thoughts on why they would do this? Thanks!

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Thanks Generaly.

Paragraph 1:

"1. The defendant is a resident of the State and County and subject to the jurisdiction of this court. "

This is no trick question from my perspective. It basically tries to prove that I am a resident of Georgia and live in the county they sued me in. In the interests of not appearing ridiculous to the court, I of course answered yes here. I own a home and run a local business here, so I didn't see any way to not answer "Yes" to this one. I'm sure a savvy attorney could ahve answered different, but at this point, I was a newbie!

They don't have jurisdiction over you if the Real Party In Interest has failed to be identified, which happens all the time with debt collection suits. If somebody knocked on your door and said they are representing so and so would you not demand proof that so and so authorized and is a participant in the suit.

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Hello, I need to respond to Zwicker's request for discovery/interrogations/production of documents and would like a copy of documents used as a guide. Also, if you have send them a request for discovery I could use that as well.

They filed their claim in Georgia's Superior court instead of state court. Any thoughts on why they would do this? Thanks!

You need to DEMAND proof that the Original Creditor even has knowledge and authorized this suit if you haven't already. This would include the contract between Zwicker and the OC. If that hasn't been included in the complaint how can you have knowledge to answer any questions from Zwicker?? You can't if you don't know who the Real Party In Interest is.

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Hello GamtgGuy:

I have just recently come across your posting. I live in Ga and could use some help. My daughter was served a summons from Superior Court being sued by Midland Funding a third party jdb. Frederick J Hanna representing. I am getting ready to file her answer on Monday and would really like some help. I have the answer ready but not sure of next step after filing with the court and plantiff attorney. They told me at the court I needed to file a motion for Discovery with the court , what does that look like and what are the steps? If you wouldn't mind I would love to see yours of course with your personel info out. Also could you give me a step by step of what to do such as:

1. File answer with court

2. File Motion for Discovery/Interg?

3?

Any help or copies of correct formats would be most greatly appreciated.

You can send them to morgygram at gmail dot com

Brenda

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I was sued by Zwicker representing Citibank. I answered and counterclaimed. I answered their Discovery and sent them my discovery requests. They only partially answered and stated that they would have their client send me the remainder of the answers I requested. In the meantime they filed to have my counterclaim stricken or dismissed after the time allowed for them to make this motion. I then filed a motion to deny them their motion to strike or dismiss.This is the strange part. I got a call From a Jason Green from Zwicker wanting to make nice all of a sudden and work something out. When I told him that it made no sense for me to settle because I might have to file bankruptcy anyway if I couldn't settle some other matters. He then encouraged me to file Bankruptcy because Citibank would not drop their suit. I couldn't believe that they would want me to file for Bankruptcy. After that I got a motion that they filed with the court for an Emergency Motion to Extend the Time for Plaintiff to Respond to The Defendants Discovery Requests. In other words they are 3 months past due answering my Discovery requests and are asking the court for more time. I have filed a motion to Deny their request and Dismiss the case with Prejudice. Anyone have any thoughts as to why they would want me to file Bankruptcy?

Edited by cw77

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I was sued by Zwicker representing Citibank. I answered and counterclaimed. I answered their Discovery and sent them my discovery requests. They only partially answered and stated that they would have their client send me the remainder of the answers I requested. In the meantime they filed to have my counterclaim stricken or dismissed after the time allowed for them to make this motion. I then filed a motion to deny them their motion to strike or dismiss.This is the strange part. I got a call From a Jason Green from Zwicker wanting to make nice all of a sudden and work something out. When I told him that it made no sense for me to settle because I might have to file bankruptcy anyway if I couldn't settle some other matters. He then encouraged me to file Bankruptcy because Citibank would not drop their suit. I couldn't believe that they would want me to file for Bankruptcy. After that I got a motion that they filed with the court for an Emergency Motion to Extend the Time for Plaintiff to Respond to The Defendants Discovery Requests. In other words they are 3 months past due answering my Discovery requests and are asking the court for more time. I have filed a motion to Deny their request and Dismiss the case with Prejudice. Anyone have any thoughts as to why they would want me to file Bankruptcy?

Sounds like they filed another suit with no evidence, now why would someone file suit and then call you wanting to settle if they had a tight case??

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Anyone have any thoughts as to why they would want me to file Bankruptcy?

You left them in a position with nothing to negotiate. The first rule of negotiations is to leave the other side a place to meet you, preferably closer to where you are vs where they are in the negotiation.

By telling them you have nothing to lose because you are filing bankruptcy, there is nothing to negotiate. If you file they lose, if you don't they may still get something. It's threatening a nuclear bomb at the peace treaty, there is no where to negotiate from there. (illustratively only)

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I was sued by Zwicker representing Citibank. I answered and counterclaimed. I answered their Discovery and sent them my discovery requests. They only partially answered and stated that they would have their client send me the remainder of the answers I requested. In the meantime they filed to have my counterclaim stricken or dismissed after the time allowed for them to make this motion. I then filed a motion to deny them their motion to strike or dismiss.This is the strange part. I got a call From a Jason Green from Zwicker wanting to make nice all of a sudden and work something out. When I told him that it made no sense for me to settle because I might have to file bankruptcy anyway if I couldn't settle some other matters. He then encouraged me to file Bankruptcy because Citibank would not drop their suit. I couldn't believe that they would want me to file for Bankruptcy. After that I got a motion that they filed with the court for an Emergency Motion to Extend the Time for Plaintiff to Respond to The Defendants Discovery Requests. In other words they are 3 months past due answering my Discovery requests and are asking the court for more time. I have filed a motion to Deny their request and Dismiss the case with Prejudice. Anyone have any thoughts as to why they would want me to file Bankruptcy?

they get the bankruptcy threat all the time, at this stage it might be worth paying a good NACA lawyer 200 bucks and have him draft you a proper motion to dismiss, and you file it as pro se. or ask him what he or she would charge to get this thing dismissed.

your very close ignore the threat, its all smoke and mirrors and lies lies lies. civil court should be renamed lawyers liars court :evil: they got nothing

:mrgreen:

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Is there any chance I can get these docs as well? I have just been given a summons and am unsure what to do! I was diagnosed with stage IVb cancer last year and my medical bills outweighed american express. I told them what was going on, and they left it at that doing nothing to help me. I have tried to settle but I cannot afford the amount they want...any help would be awesome!

email is abhtreeservice at yahoo.com

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Is there any chance I can get these docs as well? I have just been given a summons and am unsure what to do! I was diagnosed with stage IVb cancer last year and my medical bills outweighed american express. I told them what was going on, and they left it at that doing nothing to help me. I have tried to settle but I cannot afford the amount they want...any help would be awesome!

email is abhtreeservice at yahoo.com

you should file a medical bankruptcy. they are very common and usually glide right thru the bankruptcy system. bankruptcy was designed for your situation.

G/L and go to a cancer Center. Regular doctors and hospitals will kill you :shock:

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Good morning,

Like others here I was sued by Zwicker for Amex. I sought out a consumer attorney and paid all the fees. He responded to their summons and I provided all the evidence in my case such as the debt validation letter I had sent to Amex. Amex denied receiving the certified return receipt item in the paper work.

In a nut shell, here is my problem:

1. My attorney did not present my evidence in court;

2. The judge provided the intent of his ruling which ruled against me in part because I had not denied the debt to Zwicker;

3. My attorney scheduled a hearing to object to portions of the intended judgment.

4. My attorney did not show up for the hearing so the judge ruled against me based on default.

5. My attorney is not answering my letters (emails) or telephone calls.

Does anyone know how to proceed from here? Do I pay up front for another attorney? Do I write to the judge? Any ideas are helpful. I want to appeal my case based on many things but I'm not sure how to proceed when an attorney doesn't communicate. I have never heard of such a thing and am a but blindsided and dumbstruck by it all.

Thank you.

Treed in CA

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Good morning,

Like others here I was sued by Zwicker for Amex. I sought out a consumer attorney and paid all the fees. He responded to their summons and I provided all the evidence in my case such as the debt validation letter I had sent to Amex. Amex denied receiving the certified return receipt item in the paper work.

In a nut shell, here is my problem:

1. My attorney did not present my evidence in court;

2. The judge provided the intent of his ruling which ruled against me in part because I had not denied the debt to Zwicker;

3. My attorney scheduled a hearing to object to portions of the intended judgment.

4. My attorney did not show up for the hearing so the judge ruled against me based on default.

5. My attorney is not answering my letters (emails) or telephone calls.

Does anyone know how to proceed from here? Do I pay up front for another attorney? Do I write to the judge? Any ideas are helpful. I want to appeal my case based on many things but I'm not sure how to proceed when an attorney doesn't communicate. I have never heard of such a thing and am a but blindsided and dumbstruck by it all.

Thank you.

Treed in CA

WOW! start a new thread and ask the same questions. holy smokes what a mess, check and see if the guy has malpractice insurance and sue the crap out of him. there are lawyers that specialize in sueing lawyers. and you can make a motion ask for time to get a new a lawyer, but get a new one first and get some referrals!

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Good Guy is right, first I would re-post in the section called " Is there a lawyer in the house" starting your own thread. More people read that section and you will get more posts to your thread.

Go to this link- California Rules of Civil Procedure

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20

Check CCP 473 (B), you will need to file a moiton and ask the court to set aside jugdment due to attorney issue, and further file a Motion for Continuance to find new legal counsel at the same time.....

This may get you back on track, until you find new legal counsel.

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To date our attorney is still MIA. No answer to emails, no answer to voicemails left at his office phone.

I spoke to a local law student and he, too, said an attorney should have a malpractice type of insurance so that is something to consider down the road.

First, I need to find another attorney to protect myself. I don't know how to file the motions of continuance etc. though I would if I could find step by step directions.

I think, at the least, I need to write to the judge and seek other counsel. If any of you can PM me and resources for filing my own paperwork, please let me know. All is appreciated.

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Not feeling confident that I could file the proper motion, I just sent emails to the local bar association referral service and the head of the local consumer lawyer's association.

I did not name my lawyer but did provide the same information I did here to them and asked for their referral for new counsel who can file the proper motions due to the situation with the attorney.

In the email I let them know that if I get a wage garnishment I will lose my job so time is of the essence.

I'll let you know what happens next.

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Not feeling confident that I could file the proper motion, I just sent emails to the local bar association referral service and the head of the local consumer lawyer's association.

I did not name my lawyer but did provide the same information I did here to them and asked for their referral for new counsel who can file the proper motions due to the situation with the attorney.

In the email I let them know that if I get a wage garnishment I will lose my job so time is of the essence.

I'll let you know what happens next.

I think you might be on the right path ... you def. need a lawyer ..

if it were me .. i would file a bar complaint ..

get a new lawyer and sue your old one .. you have a judgement as damages, along with you $$ you paid them ...

what a mess ... you for sure need an attorney

Q

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Not feeling confident that I could file the proper motion, I just sent emails to the local bar association referral service and the head of the local consumer lawyer's association.

I did not name my lawyer but did provide the same information I did here to them and asked for their referral for new counsel who can file the proper motions due to the situation with the attorney.

In the email I let them know that if I get a wage garnishment I will lose my job so time is of the essence.

I'll let you know what happens next.

You can call the clerk of the court and explain what is going on and ask if you can speak to the judges secretary. They should both be very helpful and nice to you. You pay taxes that pay them, get something for those taxes!

In the event you do get a wage garnishment and you are fired. THAT IS A LAWSUIT ANY LAWYER WILL TAKE FOR FREE! Your boss cannot do that, but if he does, you can get rich ! :)

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FYI, I have posted the following update at the "Is there a lawyer in the house" section as well but I wanted to update you here. Your thoughts and information are helpful and appreciated.

--------------------------------------------------------------------------------

Good morning,

On Monday, April 6, I placed another call to my attorney and asked that he contact me by Wednesday (yesterday) with answers to my email questions and a plan to move forward in my case.

He answered my call with a two sentence email that said I would hear from him by Wednesday if not sooner. I did not. In the meantime I contacted the local bar association presenting my situation. They gave me a referral. Just now I contacted the referral and left a voice mail.

As one of you mentioned, my concern is that any new attorney will be a buddy of the present attorney. Their offices are about 25 miles apart but still within the same county. I will ask up front their relationship. Also, I contacted the local Consumer Attorney organization and asked for a referral and to date they have not provided one.

To answer some of your questions, yes, the judge did know I was represented by counsel. My attorney told me that I did not have to go to court as he would go for me. I had not heard from the attorney after the hearing so I went to the court website where I could see that there were minutes from the court available. So, I paid the fee online and received a copy of the minutes for the hearing. There it stated that my counsel was not present. That is how I learned my attorney had not shown up and that the judge had entered a default judgment agaisnt me. Unfortunately he did not grant an automatic continuance to hear from my counsel.

Once I have new counsel I will PM the attorney's name to anyone who wants it as I do not want anyone else to experience this. I was mentored by attorneys early in my career and my experience had been very positive. There I learned how to be very diligent in documenting everything in matters such as this. This, hopefully, will work to my advantage in dealing with the new counsel.

I was advised by a law student friend to give my current attorney a deadline so I have done that. Now I have no choice but to move forward on two fronts. One, to settle the matter with Zwicker, and, two, to follow up on a case against someone I totally trusted with an important life matter.

If you have any additional items, please do not hesitate to post. I read the posts and I look at any resources provided. I don't want to be blindsided again.

Thanks,

Treed in CA

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well you should atleast get the defalt judgement vacated .. I missed that it was a defalt judgement

Q

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Hi Everyone,

While it's probably obvious I have ceased participating actively in the board.

What I have done since my left update....

1st case: I used the arbitration method to beat Zwicker/Amex into submission in court.

After several attempts to avoid going to arbitration, the Zwicker team started to make factual mistakes that contradicted previously submitted documents. I pointed this out and kept hammering them to comply with the 2 judge orders I had forcing them to arbitration.

Result: Dismissed.

2nd case: They have been ordered to arbitration as well, and are continuing to try and ignore this. Zwicker has also made several mistakes in their motions, contradicting previously admitted documents/contracts/agreements. They have 9 more days to initiate arbitration - they will not. I will then push for Dismissal again, and will get it.

I wish all who are struggling through these tough times good luck. The resources here on this board and through people I met on this board have been critical to my successful navigation and other online places.

Good luck!

GaMtgGuy

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Many hours last week and today were spent looking for a new attorney. There are several issues that will need to be addressed at some point including the potential of malpractice due to the horrible service we received from our first attorney.

Last week I followed advice and contacted the Clerk of the Court for the judge who entered our default. She looked up my case. She said the paperwork clearly shows that I had representation by my attorney and that he did not appear. She told me that I would probably need to get a new attorney and have him "substitute out." This also means that my first attorney would have to sign the paperwork to do so. She said that once this is done then my new attorney should file the Motion to Vacate the Default Judgment based on the fact that my attorney did not show up.

I have talked with several attorneys as part of a selection process to move forward. One of the better conversations is when one of them told me that I am in a "no man's land" when it comes to attorneys. The judgment is not enough to make it worth it to file an appeal at $350 per hour in attorney's fees and yet the judgment of $11000 is enough to hurt us. He wisely concluded that my first priority is to get us out of the fire and back into the frying pan so we can at least defend our case since the other attorney did not present our evidence. He suggested I contact another attorney he knows and explained why.

He recommended this attorney because he is normally on the other side and sues for debt collection. It was suggested that I offer a a retainer and that this attorney would go to bat for me. So I called the fellow, offered the retainer and had a very candid conversation. He told me my first attorney had screwed me over and that if he could he would get back the attorney's fees for me. I had asked him directly if he could aggressively represent me given that he is usually on the other side. He assured me that he handles consumer cases all the time and flat out told me that he knows exactly how the other attorneys are thinking and what they will do so he will know precisely how to handle the case, respond, etc. More than that he said he will immediately get the default judgment off our backs. This will protect my job.

He told me that I would need to tell the other attorney that he is fired and get my file back by Wednesday of this week. So I emailed my first attorney very kindly letting him know that, due to his lack of communication as promised in our contract, I would need my file and that I am seeking other counsel.

Low and behold I heard from him! First he asked me to reconsider, then five minutes later he asked for my shipping address and said he would overnight my file to arrive by Wednesday. That's the most I've heard from him in weeks!

Once I have the file in hand I will schedule an appointment with the new attorney and deliver another retainer which means there will be no vacations in sight for me. But I will, fingers crossed, have sound representation.

I asked the new attorney about arbitration. We did not see a copy of the cardholder agreement until after the trial began. Doesn't this mean that we were denied the right to arbitration? We did not know about the option before litigation. The new attorney said it is probably too late for that because we had legal counsel and we should have known. But that is my point. We were not advised that it was an option so shouldn't we be able to seek some type of relief on that count? This is something I will pursue based on the some of the other results posted here.

One thing that the other competent attorneys told me is that the way my attorney has acted is unacceptable. They also advised not to submit any complaints or pursue any other action against him until after the current case is resolved.

I'll post here once the new Motion is filed and the ball gets rolling again. Your camaraderie here is much appreciated and I am encouraged when I read your posts. As I told the new attorney today, we feel like we have been railroaded into a corner with no answers from the folks who sued us and no answers from our attorney. As it turns out we have six months from the date of the default judgment to respond but the attorney told us today that the sooner we get our Motion filed, the better for us.

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Hello All – Great forum with lots of info!

GAMtgGuy I have been following your case. Yours seem most similar to mine as I am being sued by Zwicker & Associates for Amex. You are doing a great job in defending yourself. Kudos!

I lost my job and actually called amex tow work something out with me they said no and hence how I got into this predicament.

My case, no contract was ever provided and I am at the discovery portion. They did just like 3 days ago send a MSJ with statement, but still no contract.

2 Questions.

Should I mention in discovery to have the produce arbitration (as I saw this was an issue for you and they tried to fight it) agreement along with the alleged contract?

Second, I am having trouble writing an answer to their motion of summary judgment. Any advice would be SO appreciated? I need some good arguments. I was going to mail my discovery request t them, then send my answer to MSJ so I can have show that I am still waiting on contract, etc…thoughts…??

Thanks!

Hi Everyone,

While it's probably obvious I have ceased participating actively in the board.

What I have done since my left update....

1st case: I used the arbitration method to beat Zwicker/Amex into submission in court.

After several attempts to avoid going to arbitration, the Zwicker team started to make factual mistakes that contradicted previously submitted documents. I pointed this out and kept hammering them to comply with the 2 judge orders I had forcing them to arbitration.

Result: Dismissed.

2nd case: They have been ordered to arbitration as well, and are continuing to try and ignore this. Zwicker has also made several mistakes in their motions, contradicting previously admitted documents/contracts/agreements. They have 9 more days to initiate arbitration - they will not. I will then push for Dismissal again, and will get it.

I wish all who are struggling through these tough times good luck. The resources here on this board and through people I met on this board have been critical to my successful navigation and other online places.

Good luck!

GaMtgGuy

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