Hi, I'm new to this site and have been searching for an answer to my problem and haven't been able to find quite what I'm looking for here. I have a default judgement from American Express for about $1400 that I am trying to get vacated. The judgement says that it is from American Express and the lawyer for Amex seems to be the same guy who tried calling me to collect on the debt. He never referred to himself as a debt collector when he called - but he certainly acted as one when he spoke to my husband. What are the chances that he is actually a lawyer, and if he is a lawyer how do I proceed after the judgement is vacated. The first time around my husband actually tried negotiating with him, which was obviously a misake, and they wouldnt budge from the amount they wanted to collect. Incidentally my husband's name was not on this account, although at some point (not sure) I may have refferred them to speak with my hsuband. What do I do when this judgement gets vacaed? How do I remove the amex charge off from my account? Do I negotiate with these people? How do I stop another judgement from coming? Any and all help would be appreciated! Thanks Josephine
Sorry, one more question. when they come back at me can I request validation even though they are not saying they are a credit agency they are calling themselves lawyers?
Chances are he is a legitimate lawyer. That stated, he feels he has his judgement and he has you worried, why should he feel he has to negotiate with you? His attitude is "pay up". If your Motion to Vacate is granted, he has to get his judgement against you all over again. That costs time and money. That may make him agreeable to discussion, but don't expect it. How to stop another judgement? Simple - once this one is vacated. Drive their costs of litigation through the roof. Find any grounds for a Counterclaim, and counterclaim for damages in the millions. Put forth a Demand For a Bill of particulars, sending them on a wild paper chase. make them provide documentary proof of every allegation in the Complaint. Then schedule an Examination Before Trial and subpoena the President of Amereican Express Cardholder Services by name and tie him and the lawyer up in an EBT for a couple of days. Then demand a jury trial. Then, the day before trial, request a postponement. Keep dragging it out and tey may be agreeable to a settlement. I have other posts on these boards that show how I have frustrated creitors trying to sue me to soften them up for settlement negotiations. ith a $1400 claim it should work, even with AMEX.
Lawyers collecting on a debt owed to another have to abide by the FDCPA just as other 3rd party debt collectors.
Joseph | ============== How did they get this default judgement? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
can I request validation even though they are not saying they are a credit agency ================================================================================== Y E S THE END ** *** ** LB 59 """""""""```~~~```'""""""""" BTW have you read these validation links?
Re: Re: Amex Judgement I was never served. I didn't find out about it until I pulled my credit report recently. As I said my husband was handling it - or maybe not handling it. Now I'm ready to straighten this out, but I'm not sure how.
Re: Re: Amex Judgement Can I assume that if we get this thing vacated that they will try again? I have an unlisted phone number for this lawyers office, how can I find the address? I tried reverse lookup and the BBB - no dice, is there another way to find their address?
Re: Re: Amex Judgement One place you might look for the lawyer is on www.martindale.com. He/she might be listed. With regard to not being served, I am in court all of the time on issues like this. The judges always ensure that service was proper in a case before they move forward. How was service done in your case?
Re: Re: Re: Amex Judgement They claim they mailed it and served me in person. This lawyer is obviously not above lying.
Your first step is to go to the courthouse where the judgment was won, and get copies of all the paperwork associated with it. Then you can see how you were served. It should have the attorney's address in there as well.
Re: Re: Amex Judgement The judges always ensure that service was proper in a case before they move forward. How was service done in your case? prafces ================= Just because service was proper doesn't mean the defendant was ever aware of any summons suite trial or court case. This is a serious flaw with default judgments. Why aren't there any checks and balances to prevent this? Why isn't there any remedy in place to correct it when it does happen? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Amex Judgement The lawyer is finally ready to negotiate. Is there any possiblity that I can get them to repair my credit history on the chargeoff? Anybody have any suggestions? Thanks
