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Who has been sued by AMEX???

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    #16
    Originally posted by optimistic1 View Post
    The mantra on this forum has always been to answer the complaint.
    That's because it's almost always easier and cheaper in the long run to prevent the court putting liens on assets than to deal with the results legally after your bk case is closed.

    By going to court to answer a summons that comes before you are ready to file, you at least have a chance to explain any personal extenuating circumstances. Some judges do have a heart and have been known to allow an extension for a debtor to deal with the issue. Some judges won't have a heart - but you'll never know if you don't show up to contest the planned creditor action.

    Everyone gets to decide how they want to handle this situation. BigBoy is ok with sweeping up the mess afterwards - that's the right decision for him. Doesn't mean it's the right course of action for everyone.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #17
      Some of the information in the summons is not even correct. One of the questions states that I received all statements at the above address (my home)...No, I never received ONE statement at my home address. All statements went to my business address, which was my offcial billing address
      This may neither be here nor there or any type of affirmative defense, but if their information was correct that means I never received a statement from them in order to review it and pay it.

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        #18
        Originally posted by rockyroad View Post
        Some of the information in the summons is not even correct. One of the questions states that I received all statements at the above address (my home)...No, I never received ONE statement at my home address. All statements went to my business address, which was my offcial billing address
        This may neither be here nor there or any type of affirmative defense, but if their information was correct that means I never received a statement from them in order to review it and pay it.

        Trying to prove they told a big lie probably will not get you very far. I suspect they do this sometimes on purpose. It distracts us and instead of seeing the bigger picture, we have a tendency to focus on points that are not very important.
        Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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          #19
          Right...I'm not basing my decision on whether to answer or not based on that error.

          Also, AMEX has listed on my credit report (all 3 agencies) that the account was charged off in 2003, with the negative due to fall off in 2010. If that were accurate, they're beyond the SOL for trying to sue me...which they just served me days ago.

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