Author Topic: Amexican Express lawsuit against me.  (Read 21448 times)

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yenomz

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Re: Amexican Express lawsuit against me.
« Reply #30 on: November 14, 2013 07:56:59 PM »
Well here is all the relevant documents pertaining to this case.  I hope it sheds some light on things and maybe I can figure out what to do next.  Thanks again  :vbwoohoo:

I numbered things to make it easier.  The AMEX files contains the motion for default judgement and whatever else was with the packet less the statements that were included. Any other questions just shoot. 

yenomz

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Re: Amexican Express lawsuit against me.
« Reply #31 on: November 14, 2013 07:58:15 PM »
Forum kept giving me errors.  Here's the second batch. 

yenomz

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Re: Amexican Express lawsuit against me.
« Reply #32 on: November 15, 2013 10:35:12 PM »
Any thoughts?

kdog

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Re: Amexican Express lawsuit against me.
« Reply #33 on: November 15, 2013 11:58:33 PM »
Amex has JAMS as the arbitration forum in its cardmember agreements. You may wish to consider electing and initiating private contractual arbitration. 30K is a lot more than the barely over 2K that I owe them. I am sure that they will not follow me into arb for that. For 30K, they may do it, as Bruno previously stated in an earlier post.

yenomz

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Re: Amexican Express lawsuit against me.
« Reply #34 on: November 16, 2013 05:37:04 PM »
Amex has JAMS as the arbitration forum in its cardmember agreements. You may wish to consider electing and initiating private contractual arbitration. 30K is a lot more than the barely over 2K that I owe them. I am sure that they will not follow me into arb for that. For 30K, they may do it, as Bruno previously stated in an earlier post.

Ok and if they agree to arbitration what would I do then?

Bruno the JDB Killer

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Re: Amexican Express lawsuit against me.
« Reply #35 on: November 16, 2013 06:12:27 PM »
JAMS has a website that explains the entire process. It is similar to going to court. You have to make a case just like you would in court, only difference is that private arbitrators make a decision which is binding on all parties.

If you lose, they get an award that has to be confirmed as a judgment in court, then they can pursue the normal collection remedies. If you win, it's over.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

howucantoo

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Re: Amexican Express lawsuit against me.
« Reply #36 on: November 16, 2013 07:30:40 PM »
Ok and if they agree to arbitration what would I do then?

Study the law and make it a miserable experience for them to deal with you.

Arbitration is about making it expensive for creditor to pursue, although  I do not recommend going through arbitration blindly and without really studying and knowing your consumer rights (both at federal and state level).
Having violations to counter for the alleged debt will help with better settlement negotiation , going to arbitration without them is suicidal .

Start with reading FDCPA, FCRA, TCPA, TILA, section of the board these are the areas where you can find if your rights have been violated.

AMEX will most probably settle if you know what you're talking about so learn how to talk law.

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If you need legal help, you should seek legal counsel.
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Bruno the JDB Killer

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Re: Amexican Express lawsuit against me.
« Reply #37 on: November 16, 2013 07:35:28 PM »
You've seen his posts, Terror, what defense would you recommend?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

howucantoo

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Re: Amexican Express lawsuit against me.
« Reply #38 on: November 16, 2013 07:38:20 PM »
Bruno : his complaint is in "Zip" and I can't open it on my end. So  I haven't seen the complaint.

If he uses pdf I'll read it !

His best action is to file a MTC before the hearing for default and schedule a hearing also initiate JAMS and have the acceptance from JAMS filing ready for court's show and tell (argument).

 SJ is not an easy task to defeat but a last chance to pull the RUG from under them is arbitration , lets hope his court rules does allow it and its not too late (he could've waived his rights by participating in litigation too much, it all depends on NY courts to say how far long can one go before compelling arbitration).
« Last Edit: November 16, 2013 08:02:24 PM by howucantoo »
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gowyo

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Re: Amexican Express lawsuit against me.
« Reply #39 on: November 16, 2013 08:11:05 PM »
It looks like to me that before the court is a motion for a default judgment. I'm not so sure that a MTC arb is going to shut that down. It's worth a shot and better than nothing.
I am not a lawyer and most likely a crackpot.

howucantoo

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Re: Amexican Express lawsuit against me.
« Reply #40 on: November 16, 2013 08:38:30 PM »
I don't know NY rules but in most cases one can file and schedule a MTC hearing prior to SJ hearing.
I would do it immediately and get on earliest court's calendar so it would not coincide with SJ hearing where the judge will most likely deny one motion over the other !

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The Litigator

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Re: Amexican Express lawsuit against me.
« Reply #41 on: December 13, 2013 03:29:11 PM »
And it absolutely won't work, the basis for that crazy opinion has nothing to do with open accounts as I recall. I would not try this one.

Why? Op was sued in an NYC Court. That judgment was handed down from a NYC Court Justice.

yenomz

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Re: Amexican Express lawsuit against me.
« Reply #42 on: August 12, 2015 02:56:26 AM »
Well it seems amex obtained a default judgement against me for failure to do anything.  I know my fault entirely, I'm in the process of drafting a motion to vacate because technically I was never properly served.

Can I say amex is at fault at all for allowing me to have such a high credit limit without actually checking into my income or anything? Basically they set me up for failure by giving me 10x my yearly income in credit limits.  I don't think I'm going to be able to beat this case, but I guess a reduction in the debt would be a score.

Basically I purchased a real estate classes and I went to a few and I didn't feel it was worth what I paid and I tried to get amex to do a partial chargeback and they refused saying it was too late.  That's the bulk of the debt they claim that I owe.  Can anyone offer me some advice on this situation again? Thanks

Stormcrow

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Re: Amexican Express lawsuit against me.
« Reply #43 on: August 12, 2015 05:37:13 AM »
Quote
Can I say amex is at fault at all for allowing me to have such a high credit limit without actually checking into my income or anything? Basically they set me up for failure by giving me 10x my yearly income in credit limits.  I don't think I'm going to be able to beat this case, but I guess a reduction in the debt would be a score.

That will never fly. They'd point out that it was your responsibility to stay within your means regardless of the credit limit.

What was wrong with the service? That's your best bet to vacate the judgement.

If your motions succeeds, then what?

fisthardcheese

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Re: Amexican Express lawsuit against me.
« Reply #44 on: August 12, 2015 11:00:59 AM »
You were given lots of advice a year and a half ago.  You ignored it, did nothing, and allowed Amex to get a default. Now want us to repeat the same advice should you get the judgement vacated?

Why don't you just go back and read your thread again.  The advice will be the same.  Don't expect anyone here to spend a bunch more time trying to help you when you did nothing with it the first time.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)