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I recently got served with papers from American Express, telling me I am being sued for a little over $5000. I am in the middle of selling my house and I cannot afford to pay this upfront. However, I can afford to pay it on February 4th, 2016. Should I tell them that or tell them that it may be sooner if my house sells earlier? Will that keep us out of court? Help, please! I am so confused.

 

 

 

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Being sued by an original creditor is difficult to defend as they have all the records to prove their claim.  Especially since you defaulted a year ago.  The SOL for suit is 4 years not 6 months so they would have until 2018 to sue you on this debt.  AMEX is very aggressive in pursuing these cases.   Even if you elected arbitration they will follow you into arbitration pursuing the debt.

 

All you can is make a settlement offer and see if they accept it but if the court date is prior to February I doubt they will put it on hold hoping you pay them.  You should absolutely answer the suit so they don't get a default judgment.  

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