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Being Sued in FL Help


patsfan
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I received a summons and complaint from from Zwicker and Associates suing me on behalf of American Express for an unpaid credit card. I live in Florida and the answer or a motion to dismiss is due today, September 1, 2009. The complaint has a contract from 2003 but I have had a credit card since 1990. The contract attached is essentially the terms and conditions that are included whenever you receive a credit card but there is no signature anywhere. Paragraph 4 of the complaint states that "the defendant used or authorize the use of said credit card to incur charges, and by such use assumed the obligations of the credit card agreement. Then in parenthesis, it says "the governing credit card agreement is attached and incorporated as exhibit A." They have also included as exhibit 'B' to statements that only show an amount owed.

Are they supposed to attach a signed copy of the credit card agreement?

Is the newer credit card agreement sufficient, or do they need to enclose the original contract from 1990?

Do I have a basis for a motion to dismiss, which is allowed by Florida, to stay the progression of the lawsuit until I can request these documents? Or do they even need to include these documents?

If anyone can help me today, I would be extremely grateful since I need to the answer or the motion to dismiss today.

Thank you

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.....The complaint has a contract from 2003 but I have had a credit card since 1990.

First relax - credit card debt is unsecured, they cant touch you. All they can do is call and harass you.......

Florida is a Judicial state - because of this any money you owe, they will have to take you to court to get a judgment. It is very rare that an actual attorney firm is going to work on collecting any amount you owe, because it can take a year to go to court (or longer - currently the court system is a mess in Florida right now). Then all you have to do is file bankruptcy and that attorney is not going to get paid.

Again credit card debt is unsecured, even if this goes to court which I highly doubt, the end result is having a judgment.

Over the last ten years seeing 1000's of credit reports - what is more than likely going to happen, a collection account will be listed on your credit report. (Only once did I see a judgment for a credit card - saw 100's of collections for CC debt).

I recommend to try and clean up this mess now, because it will be harder later. What you can do is ask to them to settle for less, (depending the amount) start with 30% and negotiate a settlement. If they won't talk to you, try to contact American Express directly.

Chances are you won't get to far dealing with the collection agency, because that's how they make their money. They have an agreement with American Express - if they collect on any debt from you, they pay small percentage back to them and they keep keep the rest. I would start with them first to see what they say, and then contact American Express to see if they say.

If you don't have money to come up and pay the settlement, your other option is finding find a debt reduction company to go through. The benefits are low monthly payments, and once your debts are paid in full - your credit report will show settled as agreed (which is not going to hold you credit score down).

I personally don't handle credit card debt negociations, though I have recommended people to http://whynotsettle.com/ to help with credit card debt. The website is simple and it explains a lot.

Good Luck

.:)

Edited by 2ndTimeAround
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I'm afraid that since your answer was due today, unless you got one together and jetted it down there, then the attorney will probably file for a default judgement because you did not respond to the complaint. If you weren't able to file an answer today, you might want to contact the court tomorrow and give them a good reason why you didn't and maybe ask for more time to do so. Otherwise, a default judgement will probably be granted. :(

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Do I have a basis for a motion to dismiss, which is allowed by Florida, to stay the progression of the lawsuit until I can request these documents? Or do they even need to include these documents?

If anyone can help me today, I would be extremely grateful since I need to the answer or the motion to dismiss today.

Thank you

Florida Rules of Civil Procedure.

You can file a Motion to Dismiss. See Rule 1.130.

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