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    zagg's Avatar
    zagg Posts: 3, Reputation: 1
    New Member

    Sep 7, 2006, 10:33 PM
    Amex suing me
    From New Jersey

    Hi everyone,

    Well I was working a job and decided ultimately I needed to go back to school. My income declined sharply while my expenses sort of grew and I ran into credit card debt with Amex. My father offerred to help me and we attempted to settle with Amex, but they absolutely refused and went through 3 collection agencies. They too absolutely refused to settle with me and from a principle of $1700 or so they inflated it to over $3,000 with late fees and insane interest rates. Now they have a firm suing me in NJ court and I have 35 days to respond to the complaint. I have absolutely no idea what defense to come up with or what to do.

    Information about me: I'm 24 years old, single, I have no assests and no income (I'm working on an electrical engineering degree and am taking 19 credits to speed school up), I am being supported by my parents. The SOL has not passed.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Sep 8, 2006, 03:59 AM
    YOu must answer that you intend to defend, or they win by default. Since they are a third party debt collector you defense can be demand they they produce the original credit documents and general accounting of the alleged debt. They most likely have purchase the debt for pennies on the dollar.

    Since they are not the original creditor, who do they respresent?

    Do they respresent the original creditor or themselves?

    File Motion for discovery for these answers.

    View this post:

    Motion for Discovery with these 44 questions, will get you the answers you need.
    zagg's Avatar
    zagg Posts: 3, Reputation: 1
    New Member

    Sep 8, 2006, 06:29 AM
    Thanks for the quick reply. Well I think its American Express suing me.. it says on the complaint American express as the plaintiff. Also, they already sent me a packet of all my charges since the account was opened.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Sep 8, 2006, 06:46 AM
    YOU incurred this debt. You signed up for the card and agreed to pay the charges outlined in the agreement.

    Your only recourse, In my opinion is to explain to the judge, that you have no income, but that you have offered to try and settle the debt and that AMEX refused. You will need to offer proof of that. Hopefully the judge will be lenient and order them to arrange a reasonable settlement plan.

    I would not, by the way, paint AMEX as the bad guy here. You were the one who spent beyond your means. AMEX is just trying to get what they are legally entitled to.
    zagg's Avatar
    zagg Posts: 3, Reputation: 1
    New Member

    Sep 8, 2006, 10:52 AM
    But why would the judge order them to settle with me when by contract they are entitled to the amount they are suing? Can the judge really exercise that kind of discretion?

    Also interestingly enough. The collection agency that came after me are also attorney's for AMEX. So AMEX still owns the debt.. they simply had the collection agency try to collect, and when that failed, amex hired them as attorneys to sue me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Sep 8, 2006, 10:56 AM
    Yes, judges do have that level of discretion. The reason a judge might is because you (according to your posts) have not run away from the debt and tried to reach a reasonable settlement.

    Whether they do or not depends on a lot of factors.

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