Author Topic: being sued by Zwicker/American Express  (Read 11106 times)

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tvaughn

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being sued by Zwicker/American Express
« on: October 06, 2016 08:42:10 PM »
In May of 2016 I received a Dunning letter from Zwicker for an alleged American Express debt.  I sent them a DV letter via CMRRR within 30 days of receiving the Dunning letter, and in that letter I elected arbitration for any disputes regarding the alleged debt.  I also requested that all correspondence from them be sent to an address other than my own (in this case, my mother's address).

On September 16, 2016 I received a notice on my door from the county sheriff's office at MY home address (not the alternate address that I requested).  I was not able to pick up the paperwork from the sheriff's office until September 23, 2016 as it was not available to be picked up until that day.  The paperwork is a notice that American Express Centurion Bank is suing me in civil court for the alleged debt.

The paperwork states "you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received the summons, not counting the date you received it".
 
I am currently unemployed and unable to pay this alleged debt.  All of my efforts have been going towards trying to find a new job, so I haven't had much time to research exactly what needs to be done here.

Any assistance is greatly appreciated as this is obviously a serious matter for me that I would like to resolve as soon as possible.  Having this matter be a part of the public record is a huge issue for me on many fronts, so I really need to make it go away.  Thank you in advance.




« Last Edit: October 06, 2016 10:18:07 PM by tvaughn »

kevinmanheim

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Re: being sued by Zwicker/American Express
« Reply #1 on: October 06, 2016 09:30:19 PM »
Is a copy of the AMEX contract attached to the summons?

I would do the following:

1) Get a copy of the contract. If it isn't with the summons, go to the AMEX website or CFPB website and find the contract that goes with your card.

2) Use that contract to file an arb case with JAMS. Pay the JAMS fee.

3) CMRRR a copy of the JAMS filing to the attorney listed on the summons. Include a very short letter indicating that you want to arbitrate, and that you expect them to dismiss the case within five days, or else you will need to file a motion to compel arbitration.

4) If the attorney doesn't do #3 within five days, file a motion to compel arbitration with the court, and attach the JAMS paperwork.

5) Go to the grocery store and buy a box of Kleenex. Have then ready to give the attorney when they begin to whine and cry about how unreasonable you are for following the terms of the AMEX contract.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #2 on: October 07, 2016 04:24:48 PM »
Thank you so much for your response!

There was not a copy of the AMEX contract attached to the summons, so I will do as you say and obtain a copy of it.  I will then file my arb case with JAMS.  The fee will be $250 for me, correct?

Would you recommend calling JAMS so that they can help me out with the process?  I don't want to mess anything up, and I want to make sure I do everything in a timely manner.

Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #3 on: October 07, 2016 07:02:44 PM »
Filing with JAMS online is easy. You need to look ar either your credit card itself or the agreement for it, and make sure it says Amex Centurion Bank issued it. Some of their cases have been thrown out for listing the wrong lender.
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: being sued by Zwicker/American Express
« Reply #4 on: October 07, 2016 07:34:00 PM »
Why American Express Centurion ?

What if AMEX tripped and filed an agreement w/summons that wasn't the right agreement, then OP would lose that argument.

I'd suggest OP looks back at the alleged account and find out which agreement pertained to his/her account, rather than file an off the wall "Centurion" just b/c there were cases which AME lost because of it.
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Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #5 on: October 07, 2016 08:13:20 PM »
See post 2. They didn't attach an agreement. If the named Plaintiff didn't issue the card, they are not the proper party in interest and cannot sue.
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howucantoo

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Re: being sued by Zwicker/American Express
« Reply #6 on: October 07, 2016 08:30:23 PM »
See reply #4  Suggested OP find out what agreement governed the alleged account instead of WINGING it !
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BellEbutton

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Re: being sued by Zwicker/American Express
« Reply #7 on: October 07, 2016 08:31:17 PM »
See post 2. They didn't attach an agreement. If the named Plaintiff didn't issue the card, they are not the proper party in interest and cannot sue.

Where did the OP say anything about American Express Centurion?

Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #8 on: October 07, 2016 08:41:40 PM »
First Post.


"On September 16, 2016 I received a notice on my door from the county sheriff's office at MY home address (not the alternate address that I requested).  I was not able to pick up the paperwork from the sheriff's office until September 23, 2016 as it was not available to be picked up until that day.  The paperwork is a notice that American Express Centurion Bank is suing me in civil court for the alleged debt."
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Jane007

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Re: being sued by Zwicker/American Express
« Reply #9 on: October 07, 2016 08:49:12 PM »
In May of 2016 I received a Dunning letter from Zwicker for an alleged American Express debt.  I sent them a DV letter via CMRRR within 30 days of receiving the Dunning letter, and in that letter I elected arbitration for any disputes regarding the alleged debt.
...
On September 16, 2016 I received a notice on my door from the county sheriff's office at MY home address
...
The paperwork is a notice that American Express Centurion Bank is suing me in civil court for the alleged debt.

Are you saying that you demanded validation within 30 days from their initial contact regarding the account (before the lawsuit was filed), and that instead of responding with validation, they only filed the lawsuit?

Did Zwicker's initial contact letter include a 1692g notice?

howucantoo

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Re: being sued by Zwicker/American Express
« Reply #10 on: October 07, 2016 09:21:44 PM »

Would you recommend calling JAMS so that they can help me out with the process?  I don't want to mess anything up, and I want to make sure I do everything in a timely manner.

The arbitration demand is on JAMS website, they will not help you filling out the information. It's like asking the court clerk for legal advice. They can not and will not do that.
The process is simple and if you do a search here it's a sticky under the Arbitration section.

What state do you live in?
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tvaughn

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Re: being sued by Zwicker/American Express
« Reply #11 on: October 07, 2016 09:26:12 PM »
I hope that my original post was clear and didn't cause any confusion for you guys.  The paperwork definitely says American Express Centurion Bank on it.  If there is additional information you need from the paperwork, please let me know and I will post it here; however, I am 100% sure that the contract was not included with the summons.

What is the best way for me to get you the information you need regarding the contract?  Does it matter if I get it from the AMEX website or from the CFPB website?  How can I be certain that the contract I obtain is the correct one?

I am in NJ by the way.

howucantoo

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Re: being sued by Zwicker/American Express
« Reply #12 on: October 07, 2016 09:43:22 PM »
Read this post:

http://www.debtorboards.com/index.php/topic,25640.msg217550.html#msg217550

And this one too:  we covered every nook and cranny in these two threads.

http://www.debtorboards.com/index.php/topic,28232.0.html
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howucantoo

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Re: being sued by Zwicker/American Express
« Reply #13 on: October 07, 2016 09:51:42 PM »

What is the best way for me to get you the information you need regarding the contract?  Does it matter if I get it from the AMEX website or from the CFPB website?  How can I be certain that the contract I obtain is the correct one?

I am in NJ by the way.

First look to see if it is on the billing  (if you have any or they attached one) that may give you a clue. If you still have the old card that will help too.

You can obtain the card agreement either from CFPB or AMEX, but I would think AMEX site usually has the updated (this year) as for CFPB you can go back a few years.
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Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #14 on: October 08, 2016 02:25:48 PM »
See reply #4  Suggested OP find out what agreement governed the alleged account instead of WINGING it !


See reply 3. I already suggested that. Is it Miller time again?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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