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Amex Threatening to SUE .....

Date: Mon, 03/08/2010 - 13:59

Submitted by kdogmc
on Mon, 03/08/2010 - 13:59

Posts: 22 Credits: [Donate]

Total Replies: 28

Amex Threatening to SUE .....


So I'm late by about 90 days or so to American Express. I got a call from a guy who says he's from American Express' legal department. Saying i owe 12k and that I need to pay or go on a payment plan bacuase I'm going to get sued. I want to settle this debt. Is this how this goes?

What do I do now if I'm trying to settle this? Do you think I'll get sued?


I believe he is just blowing smoke. I recently went past 180 days with them on $4,000. So far, all they have done is sent to 3 different collection agencies. No suing as of today.

I believe several people on this board are being sued by them. I could not see this happening this soon.


lrhall41

Submitted by OZZIE69 on Mon, 03/08/2010 - 16:25

( Posts: 555 | Credits: )


I'm from NYC? Just curious if I have any better leg to stand on from where I'm from. You haven't been sued and others have. What do you think the answer to that is? I thought it may just be a scare tactic too. I don't have the money for a settlement anyhow.

I read a post from maggie earlier that it's a waste of money to sue anyhow. Because it would cost them money. I owe 12k.


lrhall41

Submitted by kdogmc on Mon, 03/08/2010 - 16:33

( Posts: 22 | Credits: )


Yes no rhyme or reason for why they sue. I think it just depends on who American Express assigns it to. My 3 were not lawyers in my state so could not sue. Who knows, after time they may send to Zwicker here in Michigan.

Maggie22 knows Zwicker. Don't forget if you get sued you could always elect arbitration which seems to stop suit.


lrhall41

Submitted by OZZIE69 on Mon, 03/08/2010 - 16:37

( Posts: 555 | Credits: )


you can never predict the future! but at 90 days this most likely is just a collector doing some illegal techniques to get you to do the restructure of a payment plan that is not in your best interest in the end.

do you have bigger debts to settle first or is this the main one ?

i always tell my clients to settle the biggest hurdles first so next settlement is that much easier.


keep focused and keep you best interest first and NOT them.


lrhall41

Submitted by anonymous on Mon, 03/08/2010 - 23:08

( Posts: 202330 | Credits: )


AE has been after me for 3 years. Validation has not been supplied to my specifications!
American Express(thru FirstSourceeee India collection company) places an alert on my credit report every 30 days like clockwork!!! :judgment/lawsuit pending for about 7 months now. NO DATE NO COURT NO CASE NUMBER??? BOGUS attempts to get me to pay up!


lrhall41

Submitted by anonymous on Tue, 03/09/2010 - 18:02

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
SORRY OZZIE69 but ARBITRATION is a thing of the past! It has been placed on "hold: for several years until the law suits all settle down.


Where did you get this from? People right now are electing arbitration. I have Amer Ex, Cap 1 and Chase and all of their cardholder agreements have the arbitration claue in them.


lrhall41

Submitted by OZZIE69 on Wed, 03/10/2010 - 06:09

( Posts: 555 | Credits: )


Quote:

Originally Posted by Anonymous
SORRY OZZIE69 but ARBITRATION is a thing of the past! It has been placed on "hold: for several years until the law suits all settle down.



Where do you get this information from? There are multiple people using arbitration to completely shut down not only lawsuits but to stomp the creditors as well. Naf is outta business, but AAA and JAMS will still take consumer cases. How do I know that, because I asked them and have received correspondence confirming that fact. Creditors hate the word arbitration and that's why they have since removed it from cardholder agreements. I just killed a Cap1 lawsuit by simply bringing up the idea of Arbitration. Lawsuit filed, letter electing arbitration: Result Case Dismissed... It is true however that the window is shut for those not already in default. You shouldn't comment if you don't know what you're talking about!!


lrhall41

Submitted by maggie22 on Wed, 03/10/2010 - 06:15

( Posts: 140 | Credits: )


So i got another call from an anonymous number which turned out to be the same guy saying he's going to sue me. I called American Express and they said my account had been switched to American Express Legal. I don't think they have any affiliation with american express. How do I know if I can elect to do arbitration? I'm 90 days late or more. He wants to come up with a payment plan. What is my next course of action? Obviously I'm scared about a lawsuit because ...duh I'm broke.... so is there a way I can prevent this and get out of this?

Am I going to get totally screwed here? I really am broke but i figured over the summer the big time in my business I would make enough to pay off a few settlements. But its feeling as if I'm going to need a lot of money fast. Amex is the only one really knocking on the door right now. So i guess I don't need to really freak out yet. I thought I'd have a few more months to get that settlement money for AMEX but I do not want a lawsuit. advice?


lrhall41

Submitted by kdogmc on Wed, 03/10/2010 - 12:23

( Posts: 22 | Credits: )


Quote:

Originally Posted by kdogmc
So I'm late by about 90 days or so to American Express. I got a call from a guy who says he's from American Express' legal department. Saying i owe 12k and that I need to pay or go on a payment plan bacuase I'm going to get sued. I want to settle this debt. Is this how this goes?
What do I do now if I'm trying to settle this? Do you think I'll get sued?


I can get it settled for less than 30 cents on the dollar. Call me at 866-833-6398.


lrhall41

Submitted by anonymous on Wed, 03/10/2010 - 12:30

( Posts: 202330 | Credits: )


I would just keep telling him "I have no money to pay". This could go on for another 90 days until charge off. I had $3,700 charge off last month and has gone to 3 different collection agencies representing American Express.

To sue you they need an attorney in you state. If they try then you ask to elect arbitratation.


lrhall41

Submitted by OZZIE69 on Wed, 03/10/2010 - 12:32

( Posts: 555 | Credits: )


I am in the same boat, I have not received any thing in the mail from Zwicker yet but several phone calls and we talked about settlements and then he tried me to get in to the payment plan. He brought up law suite several times.
I do not understand how could they bring up the lawsuite and i do not have any thing in writing.
So sent them the debt verification and arbitration letter certified with return apply.
I hope I did not send this to early?


lrhall41

Submitted by anonymous on Thu, 03/11/2010 - 11:01

( Posts: 202330 | Credits: )


I received a letter yesterday in the mail. It says its with the Collectiojns Management and Strategy Group. Basically it says they have options to help me pay my debt ( payment arrangements and whatnot), and if I don't pay in a manner acceptable with American Express they will commence legal action against me. So, yes I take it that this debt is with their in house attorneys. But what do I do now? I thought a debt verification letter is sent to someone else who has my debt. but this hasn't gone to anyone else. I have called American Express and they will said its not with them anymore, although from the gist of this letter, it's just with another dept.
So do I send an arbitration letter to them so I can buy more time? I have no money !!!! Looks like I'm going to get sued? Does Amex normally just send it to their legal dept and sue? I thought they sent it off to someone. Also its been about 90 days.
Any help or responses on this?


lrhall41

Submitted by kdogmc on Thu, 03/11/2010 - 11:28

( Posts: 22 | Credits: )


Quote:

Originally Posted by Anonymous
I am in the same boat, I have not received any thing in the mail from Zwicker yet but several phone calls and we talked about settlements and then he tried me to get in to the payment plan. He brought up law suite several times.
I do not understand how could they bring up the lawsuite and i do not have any thing in writing.
So sent them the debt verification and arbitration letter certified with return apply.
I hope I did not send this to early?


I think you did the right thing. These idiots threaten lawsuit all the time. I think your arbitration letter will really mess them up.:twisted:


lrhall41

Submitted by OZZIE69 on Thu, 03/11/2010 - 11:29

( Posts: 555 | Credits: )


So you suggest I should ignore the, " We're going to sue you, " keep saying I have no money ( which is the truth ) until they actually sue me? And then if they do elect Arbitration? Can I elect arbitration after they sue me? Is this what normally happens? It goes to their in house lawyers and they threaten lawsuits before its charged off?


lrhall41

Submitted by kdogmc on Thu, 03/11/2010 - 11:53

( Posts: 22 | Credits: )


Quote:

Originally Posted by kdogmc
I received a letter yesterday in the mail. It says its with the Collectiojns Management and Strategy Group. Basically it says they have options to help me pay my debt ( payment arrangements and whatnot), and if I don't pay in a manner acceptable with American Express they will commence legal action against me. So, yes I take it that this debt is with their in house attorneys. But what do I do now? I thought a debt verification letter is sent to someone else who has my debt. but this hasn't gone to anyone else. I have called American Express and they will said its not with them anymore, although from the gist of this letter, it's just with another dept.
So do I send an arbitration letter to them so I can buy more time? I have no money !!!! Looks like I'm going to get sued? Does Amex normally just send it to their legal dept and sue? I thought they sent it off to someone. Also its been about 90 days.
Any help or responses on this?


I would at minimal send debt validation letter to collection firm. I have done this twice so far with American Express. It seems that the minute they get the letter they turn over to another firm. It also buys you time.


lrhall41

Submitted by OZZIE69 on Thu, 03/11/2010 - 12:21

( Posts: 555 | Credits: )


Well I was sued by Amex and have to send an answer to the court. I was going to elect arbitration but I read on another forum in NYC arbitration doesn't make anyone worry. It goes to arbitration and more than likely the judge will find that you owe the money and maybe settle in arbitration on Amex's terms because, one, you owe the money, and two, you can't claim you don't owe the money.
I went to see a lawyer an dhe suggests chapter 7. He suggested not settling because you'll owe money on taxes because of it, you'll need the moeny to settle. So why not keep your money and chapter 7. If you qualify, and I might. he's say chapter 13 is stupid. But why not keep your money and file.
I ahte to say I was hoping to fight the good fight and settle, but boom lawsuit from Amex and now I'm less than thrilled what road I may be traveling.


lrhall41

Submitted by kdogmc on Wed, 04/14/2010 - 10:52

( Posts: 22 | Credits: )


Quote:

Originally Posted by kdogmc
Well I was sued by Amex and have to send an answer to the court. I was going to elect arbitration but I read on another forum in NYC arbitration doesn't make anyone worry. It goes to arbitration and more than likely the judge will find that you owe the money and maybe settle in arbitration on Amex's terms because, one, you owe the money, and two, you can't claim you don't owe the money.
I went to see a lawyer an dhe suggests chapter 7. He suggested not settling because you'll owe money on taxes because of it, you'll need the moeny to settle. So why not keep your money and chapter 7. If you qualify, and I might. he's say chapter 13 is stupid. But why not keep your money and file.
I ahte to say I was hoping to fight the good fight and settle, but boom lawsuit from Amex and now I'm less than thrilled what road I may be traveling.



Good grief. There is no quick fix to debt problems. BK is always an option and if it works for you thats fine. You can't simply believe everything you read such as: arb in NYC and the judge comment...If a person finds themselves facing a lawsuit the options are limited. 1) BK is an option 2) If you owe the $ and they can prove it, you likely will lose in court, they will get a Judgment against you, + interest + atty fees. 3) You can ask the court for an installment plan if judgment gets entered which in some states prevents garnishment if payments are made on schedule 4) You can offer to settle 4.5) You could try to reach a settlement agreement whereby payments are made until paid in full and if payments are missed then a judgment would enter....This prevents a judgment which looks bad on your credit report...5) You can elect arbitration pursuant to the terms of the cardholder agreement, which is commonly referred to as contractual arbitration. This is not the standard local arbitration in your community, you'd likely lose that in a few hours...With contractual arbitration depending upon the agreement, THEY pay all fees + pay their own lawyer fees win or lose. It is easy? NO, if you sit back and do nothing but ask questions and get easily discouraged by anything you read you'd have no chance. Arb is best pulled pre-suit, but also works after suit is filed as well. It's just that you need to do more once it's in court, to get it shut down, removed from court and headed in a different direction...Answer the complaint, demand contractual arbitration especially if you agree you owe the $ and will get stomped in court. Or do nothing, have a judgment entered with costs fees and later you could post messages about how to stop a garnishment...Not trying to be sarcastic but nobodys gonna bail ya out, you gotta do it yourself...


lrhall41

Submitted by maggie22 on Wed, 04/14/2010 - 11:27

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