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Responding to letter from AMEX attorney

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    #1

    Responding to letter from AMEX attorney

    AMEX sent my account to collections in late February/early March and from there sent it to an attorney. In a letter dated May 4, 2007, postmarked May 7, and which I didn't receive until May 14 due to being out of town, the firm wrote that

    "unless you notify this office within thirty (30) days from receipt of this notice that you dispute the validity of this debt or any portion thereof, I will assume this debt is valid. If we do not hear from you, we will be forced to report you to our client that you are not willing to resolve this matter and they should, therefore, authorize appropriate actions."

    Okay, so do I just ignore it and let them take the next steps or do I write a letter to dispute in order to postpone things?

    I'm looking to hold off on filing until at least August 1. How long will the next steps take? I assume that means taking me to court, the court case, and then finally garnishment or whatever.

    Suggestions?
    11/13/07 - Filed Chapter 7
    12/13/07 - 341 Meeting
    02/12/08 - Discharged
    02/15/08 - Case closed
    Tags: None
    #2
    That is just your typical collection letter. As you get later on your cards you will recieve them same letter from all of your creditors. IMO- unless you are going to pay there is really no reason to contact them.

    edited to add: how late are you?
    Last edited by jal1129; 06-01-2007, 06:53 AM.
    chap 7 discharge 06/07

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      #3
      So they won't be taking me to court and garnishing my wages anytime soon? Trying to hold off on filing as long as I can - at least August 1.
      11/13/07 - Filed Chapter 7
      12/13/07 - 341 Meeting
      02/12/08 - Discharged
      02/15/08 - Case closed

      Comment

        #4
        We got a similar letter from Academy Collections, I believe it was, regarding our MBNA/turned BoA acct. A 30 day response demand letter. We did nothing. About 45-60 days later, the exact same letter, new date, came again.

        It's part of the process.

        Seemingly, they must make several "good faith" attempts to contact you prior to moving forward to sue.

        If they make a serious move, you should know. You should get a letter, via Certified Mail, or service from the Court, notifying you of a law suit. Generally, you'd have 20-30 days to respond.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

          #5
          How late are you? If you dispute all they will do is send you the documentation prooving it is your debt, it really won't slow the process.
          chap 7 discharge 06/07

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            #6
            That clause in the letter is the standard language required by the FDCPA.

            Comment

              #7
              Does each credit card company handle it

              differently? Are some more aggressive than others?

              Comment

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