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09-30-2009, 10:32 AM
| | Junior Member | | Join Date: Sep 2009
Posts: 1
| | | Credit Card Lawsuits against consumers
What is the name of your state (only U.S. law)? Phoenix, Arizona
I have an American Express account which is past due. The minimum due is $1,700. It has been turned over to a law firm to secure payment or begin the litigation process. I worked with the firm to pay and paid $800 dollars last month. I'm not able to pay $800 every month but can pay $200 to $300 dollars a month. The law firm despite my efforts to pay states that unless I pay $800 a month they will sue me and have begun the process even though I still paid the $300 dollars. What can I expect from this litigation and should I hire an attorney? I will continue to send American Express $300 dollars a month regardless of the legal action. |
09-30-2009, 09:43 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,158
| | Quote: |
is29501;2372301] What can I expect from this litigation
| losing Quote: |
and should I hire an attorney?
| that's up to you Quote: |
I will continue to send American Express $300 dollars a month regardless of the legal action.
| I'm sure they appreciate that but they are under no obligation to forestall their suit simply because you pay less than you agreed to.
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DRTDEVL Don't worry... It only hurts the *first* time you agree with justalayman.
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10-03-2009, 10:32 PM
| | Member | | Join Date: Oct 2009
Posts: 45
| | | You didn't tell us the total amount of the debt. Unless it is really high I would GUESS that they are bluffing. (and those of you who know that may be illegal should know that doesn't stop lawyers and creditors from threatening suits they don't intend to file). As long as they are getting something there is a chance they won't sue (also some chance if they are not getting anything). |
10-04-2009, 09:29 PM
| | Senior Member | | Join Date: Jul 2005 Location: Missouri
Posts: 3,801
| | Quote:
Originally Posted by rhinocl  You didn't tell us the total amount of the debt. Unless it is really high I would GUESS that they are bluffing. (and those of you who know that may be illegal should know that doesn't stop lawyers and creditors from threatening suits they don't intend to file). As long as they are getting something there is a chance they won't sue (also some chance if they are not getting anything). | Bullcrap.
AMEX doesn't play games. If you fail to meet the terms of the agreement with the attorney, you will be sued. You can bet on that with the same confidence you expect the sun to rise in the morning.
DC
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope. Quote: |
OP needs counseling...not a court house. --Zigner | |
10-04-2009, 09:42 PM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,069
| | Quote:
Originally Posted by debtcollector` Bullcrap.
AMEX doesn't play games. If you fail to meet the terms of the agreement with the attorney, you will be sued. You can bet on that with the same confidence you expect the sun to rise in the morning.
DC | Quite the troll this rhino is. On a list from 1 to 10, he's an 11.
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
10-20-2009, 08:54 AM
| | Member | | Join Date: Jan 2007
Posts: 55
| | | Tell the attorney at Amex:
Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured. |
10-20-2009, 09:15 AM
| | Senior Member | | Join Date: Feb 2006 Location: Deep East Texas
Posts: 1,243
| | Quote:
Originally Posted by blove29 Tell the attorney at Amex:
Credit card loans are made and represented as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security for the debt; and that any recovery statement on their contract is invalidated by the fact that they represented the loan as unsecured. |
Oh, sure... follow this fool's advice and tell that to the AMEX attorney.
__________________ Quote:
Originally Posted by dolly09 Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.
Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation." |
Last edited by Country Living; 10-20-2009 at 09:16 AM.
Reason: Copied in quote for posterity's sake.
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10-20-2009, 09:18 AM
| | Senior Member | | Join Date: May 2006 Location: I dunno. What time is it?
Posts: 1,315
| | Quote:
Originally Posted by blove29 Tell the attorney at Amex:
Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured. | Another equally effective story is to tell the attorney that you wished upon a star that the debt would go away, and you dreamed that your fairy godmother arrived and blinked away the debt, so you don't have to pay it. |
10-20-2009, 10:49 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,574
| | Quote:
Originally Posted by Stevef Another equally effective story is to tell the attorney that you wished upon a star that the debt would go away, and you dreamed that your fairy godmother arrived and blinked away the debt, so you don't have to pay it. | I actually enjoy getting calls like this (or any other variation on the theme) as it lets me know exactly what kind of dunce I am dealing with, and I can adjust my strategy accordingly (i.e. like filing my summary judgment motion as soon as an answer is filed as opposed to wasting time in discovery).
Knowledge is power and knowing that someone is a retard is frequently very useful. 
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
10-20-2009, 10:57 AM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,069
| | Quote:
Originally Posted by blove29 Tell the attorney at Amex:
Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured. | If you check this poster's history, you will find that YAG hit the nail on the head. Not only that, but he hit it with such precision that it only took one strike to perfectly imbed it in the wood.
YAG, you're a hellovan attorney, didn't know you were into construction too. My hubby needs to put up crown moulding in our daughter's bedroom - are you and your hammer available?
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. |
10-20-2009, 11:35 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,574
| | Quote:
Originally Posted by Wirelessany1 If you check this poster's history, you will find that YAG hit the nail on the head. Not only that, but he hit it with such precision that it only took one strike to perfectly imbed it in the wood. | I just found this gem in the posting history Quote: |
Originally Posted by Bad Advice Guy With a Default Judgment In the end I always win because I am smarter and stronger then you. | Sometimes you wonder where the disconnect with reality occurred. Other times you just giggle. Quote: |
YAG, you're a hellovan attorney, didn't know you were into construction too. My hubby needs to put up crown moulding in our daughter's bedroom - are you and your hammer available?
| Although I am a decent car mechanic, to my wife's chagrin, I am rather useless with home repairs, but I can point you to a number of nice designs if you haven't selected the materials yet 
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
10-21-2009, 08:32 AM
| | Member | | Join Date: Jan 2007
Posts: 55
| | | OMG.. the trolls have come out to play. Instead of answering people's questions directly from the OP, they attempt to slander anyone that doesn't agree with their point of view. Seems there is alot of people that work for debt collectors and banks on this site. Not all, but some. |
10-21-2009, 01:36 PM
| | Senior Member | | Join Date: Feb 2006 Location: Deep East Texas
Posts: 1,243
| | Quote:
Originally Posted by Stevef Another equally effective story is to tell the attorney that you wished upon a star that the debt would go away, and you dreamed that your fairy godmother arrived and blinked away the debt, so you don't have to pay it. | I thought it was tapping the red shoes three times to get rid of debt and all this time it was a fairy godmother. Oh, wait... I don't have any debt.
Wireless, watch out - YAG may give you paisley prints. I don't think your young'un would be into paisley. I can hear her gagging now. 
__________________ Quote:
Originally Posted by dolly09 Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.
Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation." | |
10-21-2009, 01:53 PM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,069
| | Quote:
Originally Posted by Country Living I thought it was tapping the red shoes three times to get rid of debt and all this time it was a fairy godmother. Oh, wait... I don't have any debt.
Wireless, watch out - YAG may give you paisley prints. I don't think your young'un would be into paisley. I can hear her gagging now. | ...lol...I guess for you it is tapping and red shoes. For me it is a magic wand and the words "wendardium leviosa" (Harry Potter )
You are so right Country. Lil wireless would have a fit it she even saw a hint of paisley in her room. She is into hearts and peace signs though
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. |
11-05-2009, 03:58 PM
| | Member | | Join Date: Oct 2009
Posts: 45
| | Quote:
Originally Posted by debtcollector` Bullcrap.
AMEX doesn't play games. If you fail to meet the terms of the agreement with the attorney, you will be sued. You can bet on that with the same confidence you expect the sun to rise in the morning.
DC | Almost all creditors, collection agencies, and debt collection lawyers bluff. Very few will sue unless they believe they will get more quicker. This poster may have certain prejudices evidenced by their member name...
I have not had experience with AMEX in many years but out of the last 12 letters I've seen written to people I personally know from credit card collectors threatening to sue,only two resulted in lawsuits. The other 10 were not even getting payments.
Last edited by rhinocl; 11-05-2009 at 04:10 PM.
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