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Being Sued by American ExpressYou’ve landed on this page most likely because you’ve receiveda lawsuit from American Express and you're wondering:. Why am I being sued?. Do I really owe the amount they are claiming?. How can I fight a lawsuit from American Express? What are my defense?. Can I negotiate to settle and reduce my debt?When bringing, American Express tend to be more thorough as compared to many other creditors.Oftentimes, their attorneys will assert multiple causes of action, whichmay include: Breach of Contract, Accounts Stated, and Unjust Enrichment.Moreover, they oftentimes are able to respond with evidence includingyears of billing statements and the cardmember agreement.American Express Lawsuits in New YorkTypically we encounter a small group of law firms that represent AmericanExpress in collection actions. These New York law firms include, but arenot limited to:.The law firm of.
American Express Legal Department (in-house lawyers).An Answer must be filed to the lawsuit. An answer should be prepared pursuantto the New York Rules of Civil Procedure, should be filed with the propercourt, and a copy submitted to the creditor's law firm.The contents would usually include:. General Denials (or specific admissions and denials); and. Affirmative Defenses;.
Any applicable counterclaims. By hiring an experienced attorney at ourfirm, you could rest assured that your lawsuit answer will be respondedto comprehensively.Examples of Affirmative Defenses in NY:. Accord & Satisfaction; Barred by Statute of Limitations; Laches; Failureto State a Cause of ActionWill Hardship Protect Me From a Lawsuit?When a lawsuit is brought, the court will ultimately look to the evidenceto determine whether the debt is due and owing. Some people make the mistakeof responding to the lawsuit by calling the creditor's attorney to explainto them their hardship. Hardship is not a defense to a lawsuit, and aphone call is not a sufficient response to a summons and complaint. Hardship,by itself, will not protect a defendant from judgement. However, sometimeafter submitting an answer which complies with the NYCPLR, our attorneysmay share the borrowers hardship with the agents for American Expressin order to help negotiate adebt reduction.In one instance, we were contacted by a gentlemen that was seeking assistancefor his elderly mother.
He pleaded with the collectors hired by Amex thatthey should understand that his mother is:. beyond 90 years of age;. lives in a nursing home;. does not own real estate;and. earns a modest fixed income from pensions which are fully exempt from collections.Nonetheless, they brought suit against her for approximately $11,000.
Afterlitigating the matter for some time, it was settled for a substantialreduction, with payments starting at $100 per month, and increasing periodicallyuntil the settlement balance is satisfied (a/k/a staggered settlement).Negotiating an affordable payment plan was the most important criteriafor this particular client. The point is, don't count on your financialhardship to help you avoid a pending lawsuit.
Example Litigation Results From Our AttorneysThe Law Office of Simon Goldenberg PLLC was retained to assist in a lawsuit fromAmerican Express Centurion Bank in an amount of approximately$375,000 for a defaulted credit card debt. His fee is moderate but his passion for his clients is so high.“His fee is moderate but his passion for his clients is so high.”Former Client. I would highly recommend Simon's services.“I would highly recommend Simon's services.”Eddie. I cannot say thank you enough!“Thanks Simon! Again, I cannot say thank you enough! The impact that you have had on my life (both my dad and I) has been tremendous!
There is no way that I could ever re-pay you. You managed to get everything under control for us and help us move forward with nothing looming over us. You managed to help us see a future that I thought I would never have. Meaning, better credit, buying a house, all of those things. Thanks.”P.C. Thank you very much for all your help!“Dear Attorney Simon, I am emailing you I would like to say thank you very much to you and your coworkers Attorney Stephen, Jared, and Samantha have helped me and spending time for my student loan settlement.
Your skills, experience, knowledge were something that solves my worries, and help me to stay out of trouble. And you and your coworkers also have helped me to stopped the people who are trying to harass me and saved my money too. You are great Attorneys.Thank you very much again.”A.A.
If you need help with student loans, don't wait. Call Simon.“If you need help with student loans, don't wait. Call Simon.”Linda.
Being sued can be a huge burden on your back — find out your optionsBeing sued by an original creditor — such as American Express (AMEX), Bank of America (BOA), Capital One, Discover Bank (Discover Card), etc. — can be incredibly scary.Whether you owe the debt or not, what do you do?Do you file bankruptcy, fight the lawsuit or settle?
How do you do this and how do you pick what to do?The video above (and the written portion below) will walk you through your five options and also give you answers to many common questions we receive.——-Welcome to our video on your five options when sued. The point of the video is to help you discover the right answer for you — not for anyone else — so that you know what to do now that you have been sued.Sometimes when we have a problem — here being sued — we jump to one answer. But let’s be willing to explore this problem and go through each of your five options. You may know these options (we’ve been preaching these options for years so you may have seen something similar) or you may not — either way go through these. I know it will be worth your time.
This site is intended for Alabama residents only. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail.
American Express Lawsuit Defense
Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. We are a debt relief agency. We help people file for bankruptcy relief under the U.S.
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Bankruptcy Code.These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.