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  1. Collection Lawsuits: Re: What Can I Do at This Point Rec'd Motion for Judgement

    JSO,
    Why don't you contact the courts to see what paperwork they have and get copies of that paperwork? It would be hard to know how to proceed unless you can review your original admissions to the...
  2. Collection Lawsuits: Re: Defenses to a Collection Lawsuit by American Express

    Thanks.

    Yes, I have a separate counterclaim. My affirmative defenses were in my answers to the Plaintiff(s) lawsuit.
    Our local court doesn't offer much in the way of online information but...
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    Collection Lawsuits: Re: Summons Answer

    I would question why you would admit to owing an amount that is even less...since they've filed the original complaint requesting the lesser amount wouldn't you wait to see if all the other elements...
  4. Collection Lawsuits: Re: Defenses to a Collection Lawsuit by American Express

    Thanks. I've heard about A/E and their ability to be tenacious. But it is quite funny that they did not respond to the affirmative defenses and thus we requested Default Judgment on our...
  5. Debt Collectors: Re: Can I Sue a Collection Agency for Not Validating a Debt

    Do I have any recourse if I think a debt collector has violated the law?

    You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If...
  6. Collection Lawsuits: Re: Defenses to a Collection Lawsuit by American Express

    We are not denying the debt, but we are seeking remedies for the fact that A/X violated the terms of the card-member agreement. First, by claiming that we were in default when we were making above...
  7. Collection Lawsuits: Re: Defenses to a Collection Lawsuit by American Express

    My claim is that A/X - who offers both charge card and credit card services under the same account has the same obligations by law as those that only offer credit card services. Simply to be clear...
  8. Debt Collectors: Re: Can I Sue a Collection Agency for Not Validating a Debt

    You put that it is a collection agency seeking to collect. I've seen a lot of times where a collection agency is acting on behalf of the original owner of the debt...like Zwicker and Associates...
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    Collection Lawsuits: Re: Summons Answer

    True, I should have said - agree to the obvious. But clearly, you don't want to admit to owing monies as well or to the amount owed etc. Let the Plaintiff(s) prove their case against you - unless...
  10. Collection Lawsuits: Re: Can a Creditor Sue You After Failing to Validate a Debt

    If there is an arbitration clause in your agreement, and you request arbitration, there is not supposed to be further legal action without arbitration. However, what is scary is that so many times,...
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    Collection Lawsuits: Re: Summons Answer

    Never admit to anything. In your response to each of the items - put the burden of proof on the Plaintiff. Simply write as your response, that the Defendant(s) is without knowledge of this...
  12. Collection Lawsuits: Re: Being Sued for Credit Card Debt - How to Prepare for Court

    Do you have other unsecured debt? If so, perhaps seeing the advice of a bankruptcy attorney is the way to go. You cannot pay a debt on a credit card if it truly will mean you have no monies for...
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    Garnishment and Execution: Re: Bank Account Garnishments

    I would call the bank and request a copy of the order that allowed them to garnish this account. I believe they would have to, by law send that to you or allow you to pick it up. That will tell...
  14. Collection Lawsuits: Defenses to a Collection Lawsuit by American Express

    My question involves collection proceedings in the State of: Georgia

    Hello,

    I am going to try to give brief description but may be long because of my situation. I post this because I feel that...
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