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May 23, 2018

Are American Express Lawsuits Able to Be Defended?

Posted by Dan Dewoskin in Debt Collection Defense

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Yes.  Without question, there are defenses to these lawsuits.  Unlike many other debt collectors who file thousands and thousands of lawsuits across the country, American Express is a first party debt collector.  They are not a debt buyer and often file suits to collect upon their own accounts that have become delinquent.  Just like with debt buyers, they retain counsel, such as Zwicker & Associates, P.C., who prepares and files the lawsuits.  

We represent many people who are sued by American Express, and can often find defenses to the suits when the amounts are incorrect or there are procedural errors that can result in improper judgments.  The fact remains that just because American Express is a first party, due process still requires that the suits be properly adjudicated and that no shortcuts be taken to compromise the interest of the defendant-debtors.

In defending these matters, we will usually prepare answers, engage in discovery, and determine what amounts, if any, are actually owed.  We consider the applicable statutes of limitation and review any available documentation.  In the event that American Express can ultimately get a judgment and adversely impact our clients, we take action to negotiate settlements with opposing counsel to minimize any damage to our clients’ credit reports and prevent negative collection activity, such as garnishments or liens.

If you are sued by American Express, just as if you are sued by any other debt collector or party, it is important to reach out to counsel quickly so that any defenses can be preserved.  Once served, you have only 30 days to file an Answer or there may be a default judgment.  A default judgment is a judgment like any other, and should be avoided if at all possible.

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Author: Dan Dewoskin