flyersfan88 Posted January 19, 2017 Report Share Posted January 19, 2017 Hi... I am kind of stumped. A lawsuit was filed in August of 2016. AMEX Business Gold Rewards Card Date of last payment was August of 2015. I had a call every now and then. I asked about a payment plan. They offered the balance in 8 installments. I cannot commit to something I cannot do. After the lawsuit was filed, AMEX has been calling just about every day to collect on the account. I was financing the expansion of my business as I was expanding, I had charged approx. 55,000 on the card. It had no preset spending limit. Before I used the card for expanding, I called and asked what the limit was, they said no preset limit. So I did ask the question, I was thinking of expanding the business, can I charge up to 100,000. I was told yes. As soon as I got to 55,000. They lowered my limit to 13K. My expansion project had to get shelved due to funding. Can Amex call me every day after the lawsuit has been filed. They do leave a voice mail every now and then which I save, But I am thinking this is harassment, since there is a lawsuit pending. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 19, 2017 Report Share Posted January 19, 2017 1 minute ago, flyersfan88 said: But I am thinking this is harassment, since there is a lawsuit pending. No. The original creditor has permission to call you until you revoke it. One call per day doesn't even come close to harassment especially when you are talking about $55,000 in debt. The next issue is that the FDCPA does not apply to original creditors or business debt. AMEX is very aggressive and is not going to drop this. You need to start working on a defense or settle ASAP. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 19, 2017 Report Share Posted January 19, 2017 1 hour ago, flyersfan88 said: Can Amex call me every day after the lawsuit has been filed. They do leave a voice mail every now and then which I save, But I am thinking this is harassment, since there is a lawsuit pending. In the event their attorney wants to contact you, if you had an attorney, he would contact him. If you're acting as your own attorney, their attorney can call you. Quote Link to comment Share on other sites More sharing options...
flyersfan88 Posted January 23, 2017 Author Report Share Posted January 23, 2017 On 1/19/2017 at 0:51 PM, BV80 said: In the event their attorney wants to contact you, if you had an attorney, he would contact him. If you're acting as your own attorney, their attorney can call you. its not their attorney calling. its either their collections department or a jdb acting like they are amex legal Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 23, 2017 Report Share Posted January 23, 2017 33 minutes ago, flyersfan88 said: its not their attorney calling. its either their collections department or a jdb acting like they are amex legal How do you know that it's not the attorney for AMEX? Do you have any proof that AMEX has sold the account to a JDB? If you're representing yourself, AMEX has the right to contact you. Quote Link to comment Share on other sites More sharing options...
debtzapper Posted January 24, 2017 Report Share Posted January 24, 2017 You are in a tough place, going up against an original creditor for $55K. For that amount of money, I am surprised they haven't called you more often. Your only option is to settle or file for bankruptcy. If you want some free consults with a BK lawyer, go to www.consumeradvocates.org. Quote Link to comment Share on other sites More sharing options...
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