Being Sued by American Express
You’ve landed on this page most likely because you’ve received a lawsuit from American Express and you're wondering:
- Why am I being sued?
- Do I really owe the amount they are claiming?
- How can I fight a lawsuit from American Express? What are my defense?
- Can I negotiate to settle and reduce my debt?
American Express Lawsuits in New York
Typically we encounter a small group of law firms that represent American Express in collection actions. These New York law firms include, but are not limited to:
- The law firm of Jaffe and Asher LLP
- Zwicker & Associates P.C.
- American Express Legal Department (in-house lawyers)
- Anes, Leventhal & Snyder, PLLC
- Relin, Goldstein & Crane
An Answer must be filed to the lawsuit. An answer should be prepared pursuant to the New York Rules of Civil Procedure, should be filed with the proper court, and a copy submitted to the creditor's law firm.
The contents would usually include:
- General Denials (or specific admissions and denials); and
- Affirmative Defenses;
- Any applicable counterclaims. By hiring an experienced attorney at our firm, you could rest assured that your lawsuit answer will be responded to comprehensively.
Examples of Affirmative Defenses in NY:
- Accord & Satisfaction; Barred by Statute of Limitations; Laches; Failure to State a Cause of Action
Will Hardship Protect Me From a Lawsuit?
When a lawsuit is brought, the court will ultimately look to the evidence to determine whether the debt is due and owing. Some people make the mistake of responding to the lawsuit by calling the creditor's attorney to explain to them their hardship. Hardship is not a defense to a lawsuit, and a phone call is not a sufficient response to a summons and complaint. Hardship, by itself, will not protect a defendant from judgement. However, sometime after submitting an answer which complies with the NYCPLR, our attorneys may share the borrowers hardship with the agents for American Express in order to help negotiate a debt reduction.
In one instance, we were contacted by a gentlemen that was seeking assistance for his elderly mother. He pleaded with the collectors hired by Amex that they should understand that his mother is:
- beyond 90 years of age;
- lives in a nursing home;
- does not own real estate;and
- earns a modest fixed income from pensions which are fully exempt from collections.
Nonetheless, they brought suit against her for approximately $11,000. After litigating the matter for some time, it was settled for a substantial reduction, with payments starting at $100 per month, and increasing periodically until the settlement balance is satisfied (a/k/a staggered settlement). Negotiating an affordable payment plan was the most important criteria for this particular client. The point is, don't count on your financial hardship to help you avoid a pending lawsuit.
Example Litigation Results From Our Attorneys
The Law Office of Simon Goldenberg PLLC was retained to assist in a lawsuit from American Express Centurion Bank in an amount of approximately $375,000 for a defaulted credit card debt. The Lawsuit was brought in the Supreme Court of the State of New York by the debt collection lawyers at Jaffe & Asher LLP.
Given the high balance amount and the complexity of this particular case, our attorneys fought tooth and nail to protect the borrower from judgment. After about 18 months of defending the lawsuit and conducting negotiations, the attorneys at Jaffe & Asher LLP ultimately agreed on behalf of American Express to accept a settlement of about $180,000, to be paid monthly over a period of several years.
This settlement substantially reduced the debt amount and it permitted the borrower to repay at an affordable rate, while alleviating the pressures and concerns of active litigation.
Defense from Credit Card Lawsuits in New York and New Jersey
Our attorneys understand the concerns that most face when being sued for credit card debts. We have assisted numerous client's within New York and New Jersey with respect to resolving litigated matters brought by large banks such as American Express. Allow us to put years of experience behind defending your case. Since results vary from case to case, prior results are not indicative of our future performance. However, we work hard to achieve the best possible results for each and every client. To find out how we can assist in your situation, call us to speak and speak to our legal team.
Learn how we can help reduce debts from American contact us at (888) 301-0584 to schedule your free evaluation.
THIS PAGE DOES NOT INCLUDE LEGAL ADVICE. EXAMPLES ARE APPROXIMATIONS AND ARE FOR ILLUSTRATIVE PURPOSES. CONTACT AN ATTORNEY FOR AN EVALUATION OF YOUR CASE.
