fromsc Posted August 12, 2010 Report Share Posted August 12, 2010 I just got back from vacation to find a summons waiting for me.I've been battling it out with American Express... in short, the cover letter states:"Pursuant to Rule 4(d)(8) of the South Carolina Rules of Civil Procedure, I herewith serve upon you a copy of a Summons and Complaint in the above action."A few things you should know:1. I do not reside in York county in South Carolina - but this was filed there.2. I sent a letter, certified return receipt, requesting validation of the debt and a request to invoke arbitration per the cardholder agreement.Now I have an ADR Alternative Dispute Resolution form from the County of York, SC - court of common pleas.I have also sent a letter to request arbitration, and have waived the right to litigation in court.In short - I just started a new job and don't have the time and energy to battle this out when it keeps getting more complicated. Is there a resource or professional in South Carolina who can file a response? Or do I need to do all of this myself?I need to respond immediately but I am not sure how I should structure my response. Should I cite the wrong jurisdiction? How about my arbitration request? Do I need to mention both? How should my response be formatted?The summons was filed July 6, but I wasn't served until today (Aug 12). The letter from the attorney is dated July 29. I have 35 days to respond. Link to comment Share on other sites More sharing options...
fromsc Posted August 13, 2010 Author Report Share Posted August 13, 2010 I guess my response should note the important facts (and be formatted according to the Rules of Civil Procedure):1. York County, SC is the wrong jurisdiction.2. Defendant elected for arbitration as allowed in the Cardholder Agreement.3. AMEX is in violation of SC Consumer Protection Act4. AMEX is in violation of Fair Credit Reporting Act5. AMEX is in violation of Fair Debt Collection Practices ActHow do I seek damages in the response? Do I counter-claim for $1000 on each FDCPA and FCRA violation? Link to comment Share on other sites More sharing options...
fromsc Posted August 13, 2010 Author Report Share Posted August 13, 2010 Along with the Summons is a Verification of Account from the Custodian of Records from AMEX. This was dated June 3, 2010 and the have omitted the full account number. Can I request this to be stricken? Link to comment Share on other sites More sharing options...
fromsc Posted August 13, 2010 Author Report Share Posted August 13, 2010 The summons also states that I have refused to dispute the statements on my American Express account - but the summons was dated July 2 and filed on July 6. This was within the 30 day timeframe that I have disputed and requested the statements for review. So they are saying that I received the statements but AMEX never sent them to me per my DV. Link to comment Share on other sites More sharing options...
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