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mgepark

Small Claims Florida Amex

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Hi to all members. I'm new here. I'm being sued in County Court Small Claims Division in Florida. I hope this is not too long or sloppy. I have two matters for query.

First

Notice to appear for Pretrial Conference/Mediation

American Express Bank, FSB

Florida attorney filed the suit

It's about $2,600

I made the last payment in 2010.

They stopped sending statements and cutoff my online access.

There's no statement or contract attached. It says a/c# is confidential.

This was a corporate account all along. The summons has the Company's mailing address (a UPS Store) but they served it at my home. The case was originally set for 6/13/12, they postponed until 8/22/12. I know that Amex has some robo testimony case they lost 9whatever that is worth). Any thoughts appreciated and thanks regardless.

Second

This is the 2nd action from Amex. I mediated the first one and raised many issues with their attorney during that and he responded that they weren't all that relevant It was $1,200 and I settled for $25 per month full pay as I couldn't pay the discount terms (btw, I see NCO on each $25 payment stub) and now regret that as the judge initially prior to mediation was very stern in mediating or going to trial and suffering the consequences. I signed the Agreement/Stipulation of the Parties/Final Order Approving Stipulation/Order of Dismissal Case Settled.

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Go for private arbitration through the credit card agreement, not court mediation. This can cost them at least 5,000 up front and they'll never pay it. Mediators get 575 per hour. Would you risk this kind of money on a credit card account? Never.

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Have you answered?

If this is a corporate account be careful in JAMS, business pays 50/50 and consumer laws do not apply. On the other hand if you have no personal guarantee and business has gone under, then you're not obligated to pay.

I have JAM'd :) AMEX in arbitration and it did not want to play or pay.

There is a discussion going on the other board in regards to business account in JAMS go to;

Debtorboards - Sue Your Creditor and Win! - Index

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Check RCP , I have read that FL considers waiver of arbitration if MTC is not filed prior to answer, but I am not familiar with state court rules there.

I have seen people File MTC prior to answer ( check with clerk to see if scheduling a hearing is allowed).

I'll have my answer ready too, I would raise jurisdictional issues in form of affirmative. (In my state one must challenge jurisdiction as defense).

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