amex summons- how do I respond??

[seekininfo]

I now know I dont have to go to court YET, but not sure how to respond as they enclosed a copy of my bill- so cant dispute amount, also a copy of the terms of agreement

this is for an amex credit card.


This came certified mail,(I had to sign for it).FROM THE MUNICIPAL COURT

this SUMMONS has a case number CVFXXXXXX, and judge name. But NO court date.

COMPLAINT
in accordance with civil rule 4.6 c or d and 4.6 e, an ordinary mail waiver is requested

to defendant:
you have been named defendant in a complaint filed in the xxx county municipal court by the above plaintiff. a copy of the complaint is attached.

says I have to serve a copy of an answer to the complaint within 28 days.

answer must be filed with the court within 3 days after the service of a copy of the answer on the plaintiffs att.

if you fail to appear and defend, judgement by default will be rendered.

[seekininfo]

any ideas? I need to get a response out asap.

count one- plaintiff extended credit to defendant, at defendants request. A copy of request with identifying information is attached as exhibit A. By use of the account Def. became bound by the terms of the CCard agreement, attached as exhibit B.
Plaintiff defaulted.

count two-
Defendant accepted and retained the goods and or services pd for by plaintiffs extension of credit without paying for said credit.
that as a result, defendant has been unjustly enriched by using the credit card account without paying for it.
defendant has defaulted upon her pay.

plaintiff demands judgement on counts 1 and 2 of its complaint, together with interest thereafter on the balance at the rate of 4% per annum from the date of the judgement plus court costs.
Zwicker and assoc.

[catleg]

Suggest you read this thread over at another board:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=293640

Going the legal route is not easy, and at best is a delaying tactic, until you come up with a permanent strategy for dealing with creditors (e.g. bankruptcy, lotto, flee the country).

[seekininfo]

thanks
since lotto and fleeing the country is probably OUT, gonna have to try and delay ;)

we are filing bankruptcy, but havent found a local attorney yet. So need to try and stall til we do.

[carol7lynn]

I just researched my local county court records to see how my creditors fared in the local courts (as I expect sooner or later to get sued) and AMEX cases took the longest to wend their way through our courts-sometimes as long as two years. The shortest was BoA and that took 7 months and that was a default judgment.

Me, I plan to respond (thanks for he the links) and show up in court especially if AMEX sues.

C7L

[Bell30656]

[carol7lynn]

So how does this process work? They pull the case record and you can literally look through it for free?

C7L

[keptdigging]

Reminds me of my first business... this is how we wrote all our contracts! Later I learned it's called "boilerplate" and it's how those highly paid lawyers do it too (they just have it on file in their computer.)

[onthebrink]

seekinfo,

How many months were you late before Amex filed suit? They they provide any forewarning that they might do so?

[seekininfo]

its been about 8 months since my last payment.

[onthebrink]

its been about 8 months since my last payment.

Thanks. Good to know and good luck!