lhewes13

Being sued by AMEX in PA - hearing is tomorrow - NEED HELP!!!!

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My wife received a civil action hearing notice. There was no documentation sent along with the Civil Action Notice. I simply responded to defend. The court called a couple days before the first hearing and pushed it back until tomorrow. We do not have a lawyer. Looking for some advice for tomorrow????

 

I attached the complaint to the post.

 

TYcomplaint.pdf

 

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Is this the actual trial?

 

Hopefully someone will have better help than this but here is my idea.

 

Ask for another extension.  Judge probably will not want to delay again but here is your reason.  You just learned of your right to have this decided by private contractual arbitration and wish to time to initiate with the proper arbitration forum.  I think they used JAMS so that is good.

 

Arbitration against an original creditor is much harder than against a junk debt buyer but some have won their cases.  It will buy you some time and they might offer you a settlement on terms you can live with.

 

There is an arbitration section of this forum you can check out to learn more about it.

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Here is an update. Couple interesting things happened at court. The law office representing AMEX (so they say) hired some local attormey who showed up today with nothing but account statements. Before we entered court he asked to speak with us in a conference room. We declined and went into court. He had no signed agreement from AMEX. My wife took the stand for about 5 minutes answering basic questions about the statement set in front of her. He could tell this was going no where so he rested his case. I told my wife to ask for signed agreement documents. He admitted he did not ave them. Than we asked for an extension due to the fact we had just learned of our right for arbitration. He objected but admitted we had that option. Next my wife asked if the law office was acting as a debt collector. He was a little flustered at this point. My wife also read a line from a letter the law office sent us after they posponed the first trial. The letter was an offer to settle the debt for less than the balance she was being sued. The line reads "This is a communication from a debt collector in an attempt to collect a debt." This ended the trial for today and the judge granted a continuance. We have a court date for one month from today. As we were leaving court the attorney handed us the attached memorandum of law and suggested we get in touch with an attorney. I think this was a move to help us out because he approached in an affable manner?????? I also attached the settlement letter from the law office. What is our next move?

 

TY

mem.pdf

settle paper.pdf

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Just a question:  Did your wife admit at any time that this debt was her debt?  Even if she did, you still have a case.  Amex is notoriously bad about keeping documentation of any

kind on their accounts.  They will not be able to come up with the correct contracts that govern the statements they coughed up. 

 

Remember, what they put on their statements has to be backed up by a valid, dated contract.  

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The FDCPA specifically states that attorney who regularly participate in the collection of debts are debt collectors.

FDCPA 803 Definitions:

(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

 

This definition and the letter prove he is a debt collector. Most states require a debt collection agency to have a license and pay a 5000 dollar bond. Check with your State to see if he has complied.

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Just a question:  Did your wife admit at any time that this debt was her debt?  Even if she did, you still have a case.  Amex is notoriously bad about keeping documentation of any

kind on their accounts.  They will not be able to come up with the correct contracts that govern the statements they coughed up. 

 

Remember, what they put on their statements has to be backed up by a valid, dated contract.  

The thing about this is it is a credit card and an implied contract, they do not need to show any contract, they just need to prove intent by the actions of the defendant.

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