My wife just received a summons from a lawfirm representing AMEX. They are seeking a judgement for approx $12000 plus interest. I have read the threads with BumbleBee, WhyChat, and Sassy. I understand that we must answer this suit with the alotted time. 30 days We are in Georgia. My intentions is to file a countersuit in the answer for unfair debt collection practices. I may not be thinking straight because I can't seem to pull it all together to create my answer. A few of my questions 1. Where can I find templates for legal responses for my state without buying software a lawyer uses? 2. Is it better to have a lawyer prepare the answer? 3. Does the anwser postpone the court date? 4. Can I ask for mediation? 5. Should I ask for validation at this point in a seperate response or not? I know many of these same questions have been answered before and I apologize in advance. I have research quite a bit but need a little help getting the ball moving. Any help would be greatly appreciated. Regards, Desperado
Deny everything except your name and place of residence. Use phrases such as "The allegations of Paragraph # are denied for lack of sufficient information to justify a reasonable belief therein." If you admit critical facts, its established so its better to deny everything and make them prove it.
Thanks for the reply. My wife last paid Amex Feb 2002. In the summons they provided a 1 page document with here name, some account number, and a balance that was it. The CA involved were definitely violated Debt Collector's Act(I am not sure of what it is called). I have sent 2 validation letters to the CA and received a bunch of copies of statements, but nothing detailing payments made, etc. Is that enough information to validate. I did notice I misspelled summons in the title. I am glad everyone did not ignore my post because of that.
Well the summons states Our denials will be we do not have documentation proving the items are true. Like rocket said above. 2. Defendatapplied for and received a credit card from Plaintiff, see exhibit 'A'. Account Number is xxxxxxxxx 3. Defendant defaulted by failing to make necessary payments as required under the terms and conditions of credit card account. 4. Plaintiff has declared full amount due on said account to be presently owing under terms and condition of the credit card agreement. I am not sure how to phrase a denial for this item? Any ideas? 5. Defendant is indebted to Plaintiff in the cc account in the amount of $12000 principal. 6. Plaintiff has made demand upon Defendant for the balance due on said account. However defendant has failed to repay said amount. Plaintiff demands judgement against defendant in the sum of $12000, plus $500 interest, plus interest at 18%, plus all court costs.
In Ga. the OC is responsible for the actions of the 3rd party collector. Check and see if the CA is legally operating in Ga. http://www.lawdog.com/states/ga/st1c.htm What sort of FDCPA violations has the CA committed?
FDCPA violations as I understand...... The CA discussed the account several times. Attempting to have me pay the account, discussing amount owed, asking me if I have assets or ability to borrow money. Continued to contact us after sending Cease communication letter.Letter was sent to CA. Received phone calls and letters from CA and OC. FDCPA reads For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. in the section about discussing the debt. Does that mean it is ok for them to discuss the account with me? Did not send validation of debt when requested. (Sent some copies of old statements). Agreed to make a check by phone(I know now bad move) but they deducted the amount twice I am not sure if these are all violations but the CA was the slimiest group I have every dealt with GC Services.
They may discuss the account with a spouse. Did they mark the account in dispute when you demanded validation? Is the account marked in dispute now? In my opinion, you don't have a lot to work with considering the amount owed is $12K. If they choke up a signed application or, some charge slips with your wifes signature, your wife is toast. That may not be validation in a pure sense but, it'll sure satisfy a judge. Is it possible to try and settle?
I would consider settlement but I would only be able to settle for 50% and I would want the item removed from credit report. From what I have read AMEX is usually not very accomodating in these offers. The issue that they may provide a signed sales slip it quite possible. My thoughts are we have not been provided with any kind of statements identifying the balances and accuracy. The balance has been all over the place fluctuating over $2000 at any given time.
1: Go to the courthouse and ask to see some Answers and Counbterclaims already filed. tehy are public record. Copy the format and change the wording as you please. 2: Better but more expense. At this time, however, I believe some legal advice may be a good idea. 3: An answer will postpone the Court Date, especially if you follow it up witha Dem,and for a Bill of Particulars and an Examination Before Trial. With some doggedness you can delay the court date several years. 4: You are probably past the point of mediation. 5: You are DEFINITELY past the point of Validation, BUT you can include whatever documents you would get in the validation stage in your Demand for a Bill of particulars. For example, they allege you owe a balance of $12,000. You would emand production "of all invoices, charge slips, credit memos, payment records, account statements and other documents from inception of the account to date, particularly peratining to the proof of teh balance alleged owed."
Thanks flying for the response. I think I have a good idea of the content of my response. I should be able to keep legal costs lower if I do most of the grunt work. Is a litigation lawyer what I should look for? Desperado
Continued to contact us after sending Cease communication letter.Letter was sent to CA. Received phone calls and letters from CA and OC. desperado2 ============ This is probably why they sued. You left them no other choice! THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Did not send validation of debt when requested. (Sent some copies of old statements). desperado2 =========== Failure to validate is not a violation? THE END ** *** ** LB 59
Re: Re: Received Suommons Isn't it difficult to deny an account is yours if you've made payments on it? Maxine_W ================= No ever hear of doing something in error or by mistake? THE END ** *** ** LB 59
Re: Re: Received Suommons 1. In settlement negotiations I have seen where Amex refuses to mark paid or remove. Has anyone had any experience to the contrary? 2. I have serious questions about the accuracy of the amount due. Is previous statements sufficient proof typically in a court? I believe there are several payments not credited to the account.
Re: Received Summons Law Office/ CA offered to settle @ 60% but said they account would be listed as "Settled" I countered with 60% and remove acount or list paid as agreed. I am not sure if I should hold string on the removal. Any advice, Desperado
Re: Received Summons At some point, you probably should give in on the deletion. I know many say not to, but you have already been sued, and there's a good possibility that they will win, perhaps more than the amount they'll settle for, since they have to go through the legal process and pay court costs. You can always try to dispute it later and hope they don't reply. I think having a suit actually filed for this kind of money changes the complexion of what you can request. I noticed you said $500 interest, then later interest at 18%. Is that right? If so, aren't they charging double interest? That's something else I'd ask about.
Re: Received Summons Hedwig Thanks for the advice. The $500 were current interest charges and they were suing for 18% from time of judgement until paid. I think you are right. I did received the written offer today with another stating the account is paid as agreed from the law office. Not sure if this has any merit. From what I have found on this board Amex is strict about no deletion. I think the 60% of 12K is fair. Desperado
Re: Received Summons 1. In settlement negotiations I have seen where Amex refuses to mark paid or remove. Has anyone had any experience to the contrary? 2. I have serious questions about the accuracy of the amount due. Is previous statements sufficient proof typically in a court? =================== 2*I believe there are several payments not credited to the account. No you have the right to have this issue addressed. THE END ** *** ** LB 59 http://www.bankrate.com/cweb/news/cc/20030804a1.asp """""""""```~~~```'"""""""""
