[drsherry]

American express chose to pay a merchant $7450 for product I was lead to believe was for $750. The merchant didn't give me a receipt. This has gone on for almost 8 months. Once AMX paid the merchant, I have no connection to the merchant who concocted this fraud. My option is to sue AMX in small claims, but their designation is NOT corp, but a bank. Are there special governing rules for this?

[JudyKayTee]

No, you sue in any Small Claims Court which has jurisdiction (an office in that jurisdiction on which process can be served).

There is no special format, there are no special rules.

[excon]

This has gone on for almost 8 months. Once AMX paid the merchant, I have no connection to the merchant who concocted this fraud.

Hello d:

Couple things. Amex is usually very good at protecting their customers from fraud. Please tell me exactly WHAT happened during these 8 months. You don't need a receipt. Amex KNOWS how much you paid. Did you get the item? Did you send it back?

Now, to suing. You'll probably need to go to your secretary of state, or your corporation commission to find out who the designated agent is for Amex in your state. It's HIM that you serve.

excon

[JudyKayTee]

This person is suing in Small Claims Court - in my area (at least) you don't serve the corporation or the State. You serve any office of the corporation.

Jurisdiction is with the Defendant - so it must be served locally.

Superior courts, different story.

[excon]

so it must be served locally.

Hello again, Judy:

I don't disagree. However American Express doesn't have a local office here. Just in case they don't have one in the OP's jurisdiction, he'll have to serve the local registered agent. If there's an office in his city, he can probably serve 'em there. You'd know more about that than me, though.

excon

[ebaines]

Hello d:

Couple things. Amex is usually very good at protecting their customers from fraud. Please tell me exactly WHAT happened during these 8 months. You don't need a receipt. Amex KNOWS how much you paid. Did you get the item? Did you send it back?

excon

I agree with this - the OP seems to be way ahead of himself with respect to suing Amex here.

To the OP: If your satement from Amex was in error due to this charge being misreported you have 60 days to contest the amount. I've done this several times and have never had a problem - even when I didn't have a receipt. But you must contest it within those 60 days, and Amex should then provide you with a written account of why the charge is still on your bill - did they do this? If the charge is actually legitimate, but you contend that the vendor used deceptive practices in getting you to buy the item, then you should be suing the vendor, not Amex.