I'm very new at this. A few yrs ago, due to a major illness, we maxed out our credit cards - tried a lot of things to get back on our feet. Even tho we've not used credit for several years, it's a losing battle. We rec'd a court summons from a law firm collecting for Amex. I sent a request for validation letter copied from this site, to buy some time. They sent an "Affidavit of Indebtedness" that states that the person signing is an authorized agent of Amex, has access to account documents, and is willing to testify in court as to what we owe. Is anyone familiar with this type of letter? This is not the validation I asked for. Is my only alternative to get a Lawyer and hope for mercy?
Hi Jillok, We need some info. when was the last time you paid on this. What's the total now? And what state are/were you in? Does the "affidavit" contain the following language? "Under penalty of perjury I declare blah, blah." Yes your argument may need to change from "not mine" to "wrong amount". Happens. ???
The affidavit does say "I declare under, etc" Debt is big - result of consolidation - $11,716.07. The last direct payment we made to Amex was around July of 001, then we got into Ameridebt and made payments to them til Aug 002. (this was a big mistake) The SOL for OK is 3 yrs. so we're in trouble there.
Well at this point J., we need to be realistic. With a debt this size they want some activity from you. I'm also assuming your affidavit has been notarized. I forgot to ask. This is a legal affidavit. Same thing as court room testimony. Of course they could be lying too. But at this point I'd really have to say a quick 1 hour meeting with an atty., would be a good idea. Handling a lawsuit requires a fundemental knowledge of what's going on with just about everything on this board. When someone comes along who is so late in the game it's almost impossible to "get brought up to speed" in the allotted time. The newness of your membership here and the lateness of the situation both conspire to create a dilemma. Not to say that it hasen't happened though. But those folks devote 100% of their time to it. And I do mean day & night. Hell, blame to whole "misunderstanding" on Ameridebt. There are several lawsuits against them. It's just that we are kinda reluctant to just tell you what to do in such a case as this, before you talk to a lawyer. We aren't lawyers and talking to one would be best for you at this point. Undertsand? .
You can definately benefit from a lawyer's advice. However, something bothers me here. The above wording you are quoting from the response you received from this CA/Attorney or assignee for Amex or whatever leads me to believe that they cannot prove anything here. Regardless of their intent to sue, I think even though they are the OC they still have to validate the claim. Butch, correct me if I am wrong Unless it really is a bluff on their part and are so sure they have what they need. I do know that Amex DOES NOT play games. They are VERY hardcore SOB's and do not know the meaning of reasoning a SINGLE THING! I think u still need to talk to an attorney.
Thanks for your replies. We are consulting with an atty specializing in this kind of thing. Just wish I had heard of this web site way before now. The wording in my post is not a direct quote from the affidavit - it's my paraphrase. The document says that the signor "declare as follows" and it has 6 numbered declarations from the claim as authorized agent of Amex 1) to the statement of the balance 6). It is attached to a cover letter from Love, Beal & Nixon, P.C stating this is their reply to my request for validation. At the bottom is the standard "This is a communication from a debt collector. This is a communication to collect a debt. Any information obtained will be used for that purpose." Like I said, I wish I had known about this web site when these people were calling me at work day after day. I would have kept a record of each call. Is it "kosher" to pass along the advice the atty gives in case someone else may be in the same boat?
Re: Re: Vallidation? Return address on summons is "Love, Beal & Nixon, P.C. Attorneys for Plaintiff, etc. Plaintiff is named on top as American Express TRS CO, Inc. Is this important?
Re: Re: Re: Vallidation? Sure is . If the envelope don't have the courts return address on it it's not an offical court document .
Re: Re: Re: Vallidation? Careful Brownie, Depends on what State she's in. Best way to find out Jillok is to contact the clerk of courts and ask them. .
Re: Re: Re: Vallidation? We took the summons to the court house and filed the validation ltr that we sent as an answer. The summons was official.
Re: Re: Re: Vallidation? Jill, I am in Oklahoma also and am interested to know what happens with this. I have some problems currently with LBN of OKC and am curious to know what happens. Keep us updated please.
Re: Re: Re: Vallidation? Careful Brownie, Depends on what State she's in. """""""""""""""""""""""""""""""""" Not Quite sure what you mean by this Butch?
Re: Re: Re: Vallidation? I will let you know how this comes out. Our consultation date with the lawyer is still a few wks away.
Re: Re: Re: Vallidation? I am wondering if you can go back to the original creditor and negotiate a settlement even though it has been charged off, skipping over the collection agency law firm who is threatening to sue now?
Re: Re: Re: Vallidation? Jill, Lbrown59 is correct. You have to deal with Love, Beal and Nixon now, since they are representing AMEX. It's gone way past the OC at this point.
Re: Re: Re: Vallidation? The summons was official. jillok | ========= Who mailed it to you the plaintiff or the court.? Any time i ever sued the court had to send the defendant the summons not me. """"""""""""""""""""""""""""""""""
