How to proceed from here?

[sjohnson11]

dealing with local attorney for Amex......I received my rog requests back from them....they did include all statements and cardmember agreement. Below are a few of their answers on my documents requests. Thoughts ? Thanks

For each document listed below that was delivered to the defendant, please produce all

documents indicating the date the document was delivered and the manner in which it was

delivered, including, if the document was delivered by the Postal Service or other courier, the

location to which it was addressed and whether the document was returned undelivered:

a. The original account agreement for the account.

b. Any amendment to the agreement for the account.

c. Any notice of a change in any term of the account, including but not limited to a change in

the rate of interest or amount of any fee applicable to the account.

d. Any schedule of interest rates or fees applicable to the account.

Response:

See the cardmember agreement that corresponds to the defendant's American Express account

ending ......, which was mailed to the defendant at the address provided by the defendant. Please

also see the monthly statements for the defendant's American Express account ending ......, which

were mailed to the defendant at the address provided by the defendant at the close of each respective

billing cycle.

2. Please provide a copy of the applicable card member agreement at the time the account went

into default.

Response:

See the card member agreement that corresponds to the defendant's American Express account

ending ....., which was mailed to the defendant at the address provided by the defendant.

3. Please provide a copy of the signed application for the account.

Response:

At this time, American Express is unable to respond to this production request. It is searching its

records, and should it find any application made by the defendant regarding the defendant's American

Express account, ending ......, it shall provide the same in due course, if relevant. In the interim,

please refer to the monthly statements for the defendant's American Express account ending .......,

which were mailed to' the defendant at the address provided by the defendant at the close of each

respective billing cycle.

4. Please provide copies of all credit card statements showing a full accounting of the account

beginning with a -0- balance.

Response:

Please see the monthly statements for the defendant's American Express account ending ......,

which were mailed to the defendant at the address provided by the defendant at the close of each

respective billing cycle.

[sjohnson11]

anything I can do moving forward?

[legaleagle]

Typical response, they don't have anything you asked for. Telling you that you have it because they supposedly mailed it to you doesn't cut it. Tell them you mailed them a check in full payment of the account, then when they ask you for it say they have the copy. See how they squeal. Take our word for it, except when it's your turn. Sure.

[BV80]

Typical response, they don't have anything you asked for. Telling you that you have it because they supposedly mailed it to you doesn't cut it. Tell them you mailed them a check in full payment of the account, then when they ask you for it say they have the copy. See how they squeal. Take our word for it, except when it's your turn. Sure.

they did include all statements and cardmember agreement.

They sent him everything he asked for except a signed application.

Telling them that a check for full payment was mailed would only lead them to respond by saying that the OP wouldn't have sent a check for full payment if he didn't believe he owed the money. They'd then tell him that they must have lost it and to send another one.

[legaleagle]

4. Please provide copies of all credit card statements showing a full accounting of the account

beginning with a -0- balance.

Response:

Please see the monthly statements for the defendant's American Express account ending ......,

which were mailed to the defendant at the address provided by the defendant at the close of each

respective billing cycle.

I went by this, he did say they sent statements with the complaint, but in their response they do not indicate this, they just say they mailed them. They rarely send a zero balance accounting. Same for the agreement. A bit confusing as to what they provided.

[sjohnson11]

I did receive all statements and cardmember agreement. The only thing not included was the signed application. Where do I gof from here????

[sjohnson11]

I did receive all statements and cardmember agreement. The only thing not included was the signed application. Where do I gof from here????

I was surprised they sent all statements and cardmember agreement. This is from 2005 and I received original summons 1 month before SOL expired. The original complaint had nothing attached and stated only that I enetered into agreement with Amex....used the card....plaintiff demands payment. That was it up until now. What can i do now ???

[BV80]

I was surprised they sent all statements and cardmember agreement. This is from 2005 and I received original summons 1 month before SOL expired. The original complaint had nothing attached and stated only that I enetered into agreement with Amex....used the card....plaintiff demands payment. That was it up until now. What can i do now ???

Do you have any valid defenses? Did you ever dispute any charges on the card? Was there identity theft? Did you ever dispute any fees?

Here's my 2 cents:

They sent all the statements. If those statements show charges and payments, the judge is going to believe the account is yours and you made those charges and payments.

Unless you have a legitimate defense, I'd settle.

[sjohnson11]

Do you have any valid defenses? Did you ever dispute any charges on the card? Was there identity theft? Did you ever dispute any fees?

Here's my 2 cents:

They sent all the statements. If those statements show charges and payments, the judge is going to believe the account is yours and you made those charges and payments.

Unless you have a legitimate defense, I'd settle.

Do you think they would settle at this point?....it is over 20k

[BV80]

Do you think they would settle at this point?....it is over 20k

They could be willing to settle, but for how much I have no idea. They could also want a stipulated judgment. That means you'd make payments, but if you missed a payment, they'd go ahead and get a judgment.

Are you judgment proof? Can they garnish your wages? Those are things you need to consider.

[sjohnson11]

Do you think they would settle at this point?....it is over 20k

How would you approach settlement ? Thanks

[BV80]

Do you think they would settle at this point?....it is over 20k

They could be willing to settle, but for how much I have no idea. They could also want a stipulated judgment. That means you'd make payments, but if you missed a payment, they'd go ahead and get a judgment.

Are you judgment proof? Can they garnish your wages? Even if you're currently judgment proof, would it still be the case a few years from now?

Those are things you need to consider.

[sjohnson11]

They could be willing to settle, but for how much I have no idea. They could also want a stipulated judgment. That means you'd make payments, but if you missed a payment, they'd go ahead and get a judgment.

Are you judgment proof? Can they garnish your wages? Even if you're currently judgment proof, would it still be the case a few years from now?

Those are things you need to consider.

would stipulated judgement go on credit report ? is that different from consent order ? is case dismissed after stipulated judgement is complete or before?....Thanks for the help.

[sjohnson11]

If I were to settle....do you think they would accept stipulation to dismiss without prejudice--settlement. I would have to spread the payments out a few months. Would that be a possibility instead of stipulated judgement.

[legaleagle]

Any settlement involving payments is a stipulated judgment. The case basically stays on hold until you complete payment.

[sjohnson11]

Any settlement involving payments is a stipulated judgment. The case basically stays on hold until you complete payment.

Thanks....does this go on my credit report...as long as I make the payments no judgement would be filed ?

[sjohnson11]

Do you have any valid defenses? Did you ever dispute any charges on the card? Was there identity theft? Did you ever dispute any fees?

Here's my 2 cents:

They sent all the statements. If those statements show charges and payments, the judge is going to believe the account is yours and you made those charges and payments.

Unless you have a legitimate defense, I'd settle.

I Know I may need to settle on this. But given they sent me all the Discovery answers months after the deadline ...will their answers be accepted including all the statements... etc based on the info below???? Discovery was supposed to be complete October 24th.

Discovery Deadline: Unless the Court orders otherwise for good cause

shown, discovery shall be completed in this matter not later than October 24,

2011. Discovery shall be initiated so as to enable the opposing party to serv~ a

response within the period allowed by the rules but in advance of this deadline.

No extensions of the discovery period will be' granted except on motion

demonstrating good cause and that discovery was timely and diligently

conducted in good faith. Counsel shall not assume that agreements to conduct

discovery beyond this deadline will be accepted by the court. Such agreements

shall not delay hearing

[BV80]

That I'm not sure about. It's common for the opposition to respond to discovery requests after the required time limit. I don't know if you could file a motion to preclude their documents or not. You didn't have to motion to compel, so I just don't know. Hopefully, someone else will chime in on this one.

[legaleagle]

You could try a motion to strike their evidence, based upon a violation of the rules of civil procedure. If successful, they have no case left. They'll prob object and say you didn't pursue them or file a motion to compel, which you are NOT required to do unless you really wanted the info. The compel thing is optional. I'd try it, you don't have much else here to work with.

[sjohnson11]

Thanks. I will give it a shot. Given this is over 20k do you think they will be willing to settle at a reasonable amount. They had offered 50% before summons but I hear Amex can be tough on settlements. Does the fact that it is in court help or hurt settlement amount? Thanks

[BV80]

Thanks. I will give it a shot. Given this is over 20k do you think they will be willing to settle at a reasonable amount. They had offered 50% before summons but I hear Amex can be tough on settlements. Does the fact that it is in court help or hurt settlement amount? Thanks

It might depend on whether or not you're judgment proof...what they could or couldn't get out of you if they got a judgment.

[sjohnson11]

I am not judgement proof. Hopefully they would be willing to to do something.