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Amex suit and arbitration


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1. Who is the named plaintiff in the suit? Myself and my business, an SCorp

2. What is the name of the law firm handling the suit? American Express Legal

3. How much are you being sued for? 12k

4. Who is the original creditor? (if not the Plaintiff) Amex

5. How do you know you are being sued? (You were served, right?) Served

6. How were you served? (Mail, In person, Notice on door) In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Talked once or twice, no money to make payments

9. What state and county do you live in? NYC

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 11

11. What is the SOL on the debt? To find out: 6 yrs

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? Suit served, I answered general denial

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? 20 days, done Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract?None

Hello all...

As you can see Im being sued by Amex for approx 12k on a business account by Amex Legal here in NYC. The suit lists me and the business, I have answered the suit with a general denial, I do not owe this debt and I do not owe the amount of this debt (this is a form supplied by NYC court on consumer credit cases)

The suit actually includes 2 accounts, one was cancelled by Amex, however they still billed the $75 menbership fee which I didnt pay. The other card was last payed in July of 11.

I am curently judgement proof and the Scorp looks like the Costa Concordia at this point.

My question is should or could I elect arbitration at this point? I will probably lose in court so I figure by electing arb it will delay everything an cost Amex some cash to pursue this.

If so, how do I elect arbitration? The first court appearance is in early Feb.

I read on this site that with a business account, the arb fees are split between Amex and me, but in my cardmember statement I got off the amex site says I would only be responsible for the filing fees up to the amount you would have incurred if I brought this case to court. Any insight?

Thanks for looking.

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If you are sure you are absolutely collection proof, and always will be, let them get their default judgment. Those make excellent toilet paper against people who own nothing and have no income. If you fight with no basis the NY courts will slap you around, I'v posted a lot of NY cases. They'll just add all the costs to the judgment. Why bother? Nothing from nothing is nothing.

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