Author Topic: being sued by Zwicker/American Express  (Read 11030 times)

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tvaughn

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Re: being sued by Zwicker/American Express
« Reply #105 on: April 13, 2017 04:06:07 PM »
Why bother with arb if you don't intend to use it to your advantage by forcing them to do a full discovery, present a witness and file claims against them?  If you didn't intend to do those things you could have taken a default judgement in the beginning.

I understand what you're saying, and I am prepared to do whatever I can do in order to help my case; however, this is my first experience with this, so I'm kind of learning as I go along.  Being on that initial arb call was a little uncomfortable for me as there were two lawyers from the other side on the line in addition to the arbitrator.  I definitely felt like I was at a bit of a disadvantage not being an attorney, and I didn't want to say too much out of fear that I might mess things up.

If it's ok to email them, I will do that but I want to make sure I know exactly what to say before I do so.

fisthardcheese

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Re: being sued by Zwicker/American Express
« Reply #106 on: April 13, 2017 04:19:20 PM »
I understand what you're saying, and I am prepared to do whatever I can do in order to help my case; however, this is my first experience with this, so I'm kind of learning as I go along.  Being on that initial arb call was a little uncomfortable for me as there were two lawyers from the other side on the line in addition to the arbitrator.  I definitely felt like I was at a bit of a disadvantage not being an attorney, and I didn't want to say too much out of fear that I might mess things up.

If it's ok to email them, I will do that but I want to make sure I know exactly what to say before I do so.

I understand the intimidation dealing with these things for the first time.  Or even the 10th time.  You are now in arbitration, not court, so everything is more relaxed as far as rules go.  If you want to change your mind, send an email and say so.  If you want to say you forgot to cover something on the phone conference, mention it in an email.   As long as you copy everyone on the emails, you can do anything by email.  The worst that is going to happen is you are told no, and then you just try a different approach.
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)

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #107 on: April 13, 2017 04:28:13 PM »
I understand the intimidation dealing with these things for the first time.  Or even the 10th time.  You are now in arbitration, not court, so everything is more relaxed as far as rules go.  If you want to change your mind, send an email and say so.  If you want to say you forgot to cover something on the phone conference, mention it in an email.   As long as you copy everyone on the emails, you can do anything by email.  The worst that is going to happen is you are told no, and then you just try a different approach.

Ok - thank you for that.  So in light of all this, what exactly should I say to them at this point?  Do say that I've changed my mind and that I intend to produce a witness (or expert witness?), and that I want to question an AMEX custodian of records at the hearing.  And should I wait to say all of this when I send the memo making my case for an in person hearing?  I have until May 15th to do it, so I have some time to put together a well-written and thoughtful member with help from this board.

CleaningUp

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Re: being sued by Zwicker/American Express
« Reply #108 on: April 14, 2017 02:05:26 AM »
[quote author=tvaughn link=topic=29497.msg288550#msg288550 date=149209596

Being on that initial arb call was a little uncomfortable for me as there were two lawyers from the other side on the line in addition to the arbitrator.  I definitely felt like I was at a bit of a disadvantage not being an attorney, and I didn't want to say too much out of fear that I might mess things up.

[/quote]

Don't buy into the fear of attorneys.  They are people, too.  Their law license doesn't mean that they are any.  If they can learn how to argue a case, so can you.  And since you are only trying to argue a narrow slice of what is called "the law", you can learn a great number of the ins-and-outs that you need with little difficulty.

This is an exercise in logic based on what the law says.  Understand the law, and you can divine the elements that you need to make your case.  The law tells you specifically what is required as a "violation"; case law refines and delineates the elements of the law, and you, the litigant, only has to provide the stitching to put the whole thing together to your own advantage.

Don't let the facts get in the way of offering a respectable and winning case.  This is not about "truth" and those goodie, but erroneous, concepts that were taught at school.  Understand clearly that civil litigation is decided on the preponderance of the evidence, not the truth of what the evidence establishes.  The implication of the adversarial process is that one is allowed to challenge "evidence", and if the challenge is successful, then the "evidence" offered is not acceptable as "evidence in the case".

It boils down to a) what YOU have as evidence to support your claim or denial, and b) what evidence is actually accept by the court for a decision on the merits.  Submit your own evidence, such as it is, and derail the credibility of the opponents.

Remember, not "right" or "wrong", but the "preponderance of the evidence".


Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #109 on: April 14, 2017 01:34:07 PM »
I want to question an AMEX custodian of records at the hearing.


What are you going to ask them? These people do this for a living. They fly around the country and bury people in court. They will testify as to their knowledge of the account, how records are kept, etc., and that the balance is accurate and was never disputed by you. That's really all they need unless you have something dramatic to show the arbitrator.

 Asking silly questions or demanding that they go line by line through all the statements won't work. They don't have to; that burden is yours. You have to show the arbitrator a specific reason why you do not owe them what they are claiming. 

People are intimidated by lawyers because 90% of the time, they have no clue how to run a case or cross a witness, and they get it handed to them in court very quickly. You are dealing with the rules of evidence here. You have to know what a court accepts and what it doesn't.

Remember, the court accepts as true the facts pled in the complaint until you prove otherwise.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #110 on: April 18, 2017 08:51:19 PM »
@Bruno:  Points well taken and I do have some trepidation when it comes to questioning a custodian of records, etc.  Like you said, what would I ask them and how do I make my case?  You bring up valid points; however, isn't the goal here to try to get them to settle for $0 rather than go through the expense of an in-person hearing?   If the number that has been mentioned here is true, it doesn't make business sense for them to pursue this when the hearing will cost them more than what they say is owed. 

Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #111 on: April 18, 2017 10:37:35 PM »
@Bruno:  Points well taken and I do have some trepidation when it comes to questioning a custodian of records, etc.  Like you said, what would I ask them and how do I make my case?  You bring up valid points; however, isn't the goal here to try to get them to settle for $0 rather than go through the expense of an in-person hearing?   If the number that has been mentioned here is true, it doesn't make business sense for them to pursue this when the hearing will cost them more than what they say is owed.


The questions you may ask are yours, not ours.

what would I ask them and how do I make my case?


We do not and cannot do your legal work for you. You misunderstand the other side's strategy, and that will turn out badly for you. Don't ever think that a billion dollar bank is afraid of you; you have nothing in your background to make them think that. Some of us here do, and they act accordingly.


 however, isn't the goal here to try to get them to settle for $0 rather than go through the expense of an in-person hearing?



Yes, but it probably won't work because they have no reason to fear you. Give them one. They don't care about cost unless they sense that they are up against a superior legal mind. Not everybody meets that definition at all times, but we occasionally make them sorry they tried.


it doesn't make business sense for them to pursue this when the hearing will cost them more than what they say is owed.


Learn to live with it, because it's the best thing going today. They don't care. You do. You lose.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #112 on: May 12, 2017 04:09:04 PM »
So one month flew by and I need to get my memo to the arbitrator very soon to make my case for an in-person hearing.  Anything specific I should put in there?  Do I just say that it is my right as a consumer, that I intend to product a witness and that I would like to question an AMEX custodian of records?

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #113 on: June 26, 2017 04:25:02 PM »
Just wanted to post a quick update to let everyone know that I have been granted an in-person hearing, which has not been scheduled as of yet.

BrokeBob

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Re: being sued by Zwicker/American Express
« Reply #114 on: June 26, 2017 05:43:58 PM »
Best of luck with that!

These in-person hearings are very expensive to the alleged creditors. 

Between the time the hearing is approved or scheduled and the time when the hearing takes place is often a good time to negotiate with the creditor.

My case with the Australians was different, because there were some very serious blunders they made which they knew made it very difficult for them to win.  So the hearings gave me a TON of leverage for negotiation.  You will have less leverage.

Still, the expense of the hearings give you the most leverage you will ever have.  If you want to negotiate a settlement, this is the best chance you may ever have. 

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #115 on: June 28, 2017 02:49:00 PM »
Best of luck with that!

These in-person hearings are very expensive to the alleged creditors. 

Between the time the hearing is approved or scheduled and the time when the hearing takes place is often a good time to negotiate with the creditor.

My case with the Australians was different, because there were some very serious blunders they made which they knew made it very difficult for them to win.  So the hearings gave me a TON of leverage for negotiation.  You will have less leverage.

Still, the expense of the hearings give you the most leverage you will ever have.  If you want to negotiate a settlement, this is the best chance you may ever have.

Do I reach out to them regarding a settlement though or do I wait for them to possibly contact me?

BrokeBob

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Re: being sued by Zwicker/American Express
« Reply #116 on: June 28, 2017 03:18:21 PM »
I would contact them. 

I doubt they would agree to a mutual walkaway, but you can probably negotiate something.  I have NO idea what they would agree to. 

Maybe send them an email, or call them, see if they are willing to negotiate a settlement, and ask what range they would accept.  Try to get them to make the first offer. 

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #117 on: June 28, 2017 04:17:50 PM »
I would contact them. 

I doubt they would agree to a mutual walkaway, but you can probably negotiate something.  I have NO idea what they would agree to. 

Maybe send them an email, or call them, see if they are willing to negotiate a settlement, and ask what range they would accept.  Try to get them to make the first offer.

Got it.  The hearing hasn't been scheduled yet so I'll hold on contacting them for now.

Bruno the JDB Killer

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Re: being sued by Zwicker/American Express
« Reply #118 on: June 29, 2017 01:37:47 PM »
Do I just say that it is my right as a consumer, that I intend to product a witness and that I would like to question an AMEX custodian of records?


Most likely you will have to tell them who the witness is, what their qualifications are, and what they intend to testify about. Unless you actually have a witness, I wouldn't try this.

As for questioning a custodian of records from an OC; are they going to bring one? If not, you'll have to subpoena them, which can get very complicated and expensive. It's usually a waste of time, because that's all these custodians do is testify. They know how to answer anything you ask.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Zwicker/American Express
« Reply #119 on: July 27, 2017 04:23:51 PM »
Just wanted to post a quick update.  My in-person hearing has been scheduled for the fall and it's for one day.

 

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