PingMan

Zwicker/Amex - unique defense

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Hi everyone,

I have been lurking on this site for the last month after I was served with a Summons and Complaint from Zwicker on behalf of American Express. I have read many treads here and I am appreciative that there exists such a site where one can leverage experience of others to learn and make the process a bit less stressful.

I filed my Answer early this week, and I received a settlement offer from Zwicker today.

I was going to post my background information and request feedback from wise members of this site on what I wanted to accomplish moving forward. However, it occurred to me that if Zwicker is monitoring this site, they can easily determine that it's me. Does it really matter if they read and know it's me? I guess they can predict what I may do based on responses, etc. I really would like to elicit feedback, but I may not have thought through all the potential cons of posting details that may reveal who I am to Zwicker. Unfortunately, I can't obtain useful feedback from the community without posting those specific details. Kind of a catch-22, I suppose.

Thoughts? Thanks!

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My only comment is that you always should try to not name

an OC, JDB, or CA by name but just explanation and

questions.

Now... with that being said, I am sending you a PM.

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If your defense is that you took some Ambien, racked up 10K in bills while sleepwalking and don't recall buying the stuff, that's a winner (at least in my book).

While we do like to be overly generic here, remember also that Zwicker files hundreds--if not thousands of lawsuits with regularity and with the ones also being digested by the court system, the chance of them realizing its you posting is probably quite low.

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And who cares? You can bet they know who I am, and who Coltfan is, who sends his posts to the poor bast***s he's suing. Like I said before, it's like being handcuffed to the train tracks and bragging that you can see the train coming. What are you going to do about it, JDB? Change the law? To be the man, you have to beat the man. You either walk that aisle and pay the price, or you dismiss.

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Yeah, I see your points.

What irks me with this entire situation is that I've had a spotless history with them for 14+ years. Being overly general here, I missed some payments recently but cured them as quickly as I could. I pulled my credit reports, the worst I see is 60 days and others show as I'm now current. Per their statement which I still receive monthly I don't have a past due. As I now have come to realize, different creditors use different criteria to deem an account as defaulted.

I've intentionally ignored Zwicker altogether from day 1 making payments to AMEX. Perhaps this prompted the lawsuit. As I mentioned above, I filed my Answer and I got a settlement offer four days later. Out of principle, I am leaning towards fighting this. The remedy I asked for from the judge is not the norm.

I worked for a large international law firm and have been to a number of large, protracted trials, so this process doesn't really phase me, and I know the games they play. I've already seen some sneaky tactics they tried, even in the settlement offer!

Let me think about this a bit more before I decide to share more details.

I appreciate the PM's and replies.

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It appears that you have a simple solution, just contact AMEX and ask them if their records indicate that you are in default, yes or no. Since you were sued, their answer will be that you are in default and that you should talk to their attorneys. The burden of proof now shifts to you somewhat if you want the case dismissed. You have to prove that you are not in default. We need to see your answer, otherwise we cannot comment. No mysteries here.

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Free speech. It's a message board. Except for a PM not much we can do. Of course they watch this board. The reason is because with absolute regularity we kick their a$$. If what we did and said did not work they would not give a flip about what we said or did.

In fact, they would probably try to steer people here so they could get bad advice to lose with. Legal is correct, as I invite them here all the time. It destroys that psychological edge they have or think they have (like they have over you right now). There is just a little bit extra satisfaction in beating somebody when they know what you're doing and simply can't do a thing about it.

We could care less what your real name is, but if they already have you this intimated, it gets a ton tougher as the case goes on than them knowing you are on a message board posting.

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