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I am being sued by American Express for a $4500 unpaid statement the last time I checked I havent received anything new from them yet. 

Here is what I have so far from the case summary.  I have read about a lot of information in this forum but none seem to fit what I have here. I haven't been served it. Not sure why? Or maybe they can't find me but here is the summary I pulled from the court website. I am truly thankful for any guidance I can get on this case. 

 

 

Histories (Dates listed in descending order)

03/08/2017 OSC HEARING IS SET FOR 02/18/20 AT 08:30A M., IN
DEPARTMENT F43 . ORDER TO SHOW CAUSE HEARING SIGNED AND
FILED BY VALERIE SALKIN, JUDGE TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO
CRC 3.740. CERTIFICATE OF MAILING FILED.

03/08/2017 CASE FILE FORWARDED TO RECORDS RE: FILING

03/02/2017 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
CHA538853031.

03/02/2017 SUMMONS ISSUED.

03/02/2017 SUMMONS FILED.

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It hasn't been that long. Service sometimes takes a month or more.  Don't do anything until you are served, but I would prepare an answer to file for when you are.  The answer should just deny everything except your name and address (if correct on the summons).

For AmEx, there isn't much you can do if they are suing you and they didn't sell it off to a JDB, however, I would use arbitration.  I would file a Motion to Compel Arbitration according to the AmEx card agreement, they use JAMS arbitration.  JAMS will take months to complete and will cost AmEx $5,000 - $10,000.  This may give you leverage to make an affordable settlement deal with them down the line and also buys you much longer time to save up something to settle with them over the court process, which would be over rather quickly and cheaply for them.

On a side note, I find it interesting that your court seems to automatically set a hearing for non-service set for 3 years out, right after the suit is filed.  That is odd.

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2 hours ago, fisthardcheese said:

On a side note, I find it interesting that your court seems to automatically set a hearing for non-service set for 3 years out, right after the suit is filed.  That is odd.

The southern California courts are SO backed up that it takes a year or more to get to the first hearing date let alone trial.  Consequently many litigants probably forget they even filed.  My guess is the courts do this to keep the dockets cleared of stagnant cases.  I don't know of any other district that does this but it is automatic in the LA County area.

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