Amex business card personal liability

[bookman]

Have two Amex business cards one with 158k another with 75k (all business debts)for businesses that went bankrupt in spring 09 Amex has filed suit against me personally -
1. does it matter if they have not/cannot produced a signed agreement showing that we accepted personal responsibility? 2. I have asked them for proof of debt and have not been provided any statements that show the actual credit card charges (they sent statement that was basically blank dated after the card was canceled)
Could either of these issues be used to stop/ postpone summary judgement?

[newbie2]

Have two Amex business cards one with 158k another with 75k (all business debts)for businesses that went bankrupt in spring 09 Amex has filed suit against me personally -
1. does it matter if they have not/cannot produced a signed agreement showing that we accepted personal responsibility? 2. I have asked them for proof of debt and have not been provided any statements that show the actual credit card charges (they sent statement that was basically blank dated after the card was canceled)
Could either of these issues be used to stop/ postpone summary judgement?

Amex keeps good records. They will eventually find the documents you requested, especially as you move in to the discovery phase of your lawsuit.

You really need to hire a civil attorney to tackle this for you, or a bankruptcy attorney. That isn't chump change that they are trying to collect.

[bookman]

This has been going on since last November 75k suit- we answered the the complaint /admissions and then later responded to request for documents
and interrogatories . They sent us an unsigned copy of credit card agreement and a statement that contained none of the charges in question . Their lawyer filed a new request for summary judgment this week.
Their response to our questions has been sloppy and we may have never signed the agreement.
Guess I should request again proof of debt/ agreement. Just trying to be a pain and trying to make sure the process is done correctly and hoping the signed copy does not exist - does seem the process has a longer timeline than I would expect.
have talked to lawyers and am in a hold pattern to file bankruptcy till next year.

[justbroke]

If you read the back of an American Express Card... you implicitly agree to the Cardholder agreement everytime you use the card. Most people obtain credit cards without ever signing an application.

In case you miss it, it's in small print above the "magnetic strip". It reads "Use of this card is subject to the cardmember agreement".

I agree with an earlier statement... and that is that AMEX has excellent records that go back... 20 years!!! (Trust me, they tried to file a claim in my Bankruptcy for an account from 1985.)

Yeah, always read the small print.

Also, since you appear to be fighting them pro se, you may not be procedurally doing things correctly. That's why they filed a motion for summary judgment. You need to subpoena them and deposition them and request discovery and the like. It can be intimidating for a pro se litigant to do things correctly.

The timeline is longer because you answered. However, that won't stop them from a motion for summary judgment.