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I Was Making Payments to American Express and They Are Now Threatening to Sue Me. – Gracie

“Dear Mitch,

My financial life is too horrible to go into, has been since 2001 and as a result, what once I could pay I now can’t. I had 2 American Express cards that I have been making good faith payments on each month and have been for some time. Now I’m being sued by American Express because of ‘failure to pay’ and worse yet, I have three different attorney firms coming after me on the same account. Two of the three have served me papers; the other not yet. How can two or more companies claim to want payment and take me to court for it? And what can I do about that?

Now I’m being sued by American Express because of ‘failure to pay’ and worse yet, I have three different attorney firms coming after me on the same account. Two of the three have served me papers; the other not yet. How can two or more companies claim to want payment and take me to court for it? And what can I do about that?

Gracie”

Dear Gracie,

Contact the firms that are trying to collect against you and ask for proof. That contact will be considered first contact if they have not already contacted you. The debt is likely consumer debt so the Fair Debt Collection Practices Act applies. That contact will set a deadline for them to provide certain disclosures to you. Then, you can contest the amount of the debt and their ability to come after you for it. In the meantime, you can challenge the lawsuits in court especially if you are being sued in more than one case for the same debt.

Good Luck.

Mitchell Goldstein is an attorney licensed in Virginia. His practice focus is consumer bankruptcy, mortgage and debt defense and technology issues. He is a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and National Association of Consumer Attorneys (NACA). His goal is to educate people with solid advice and give guidance to consumers to help them made decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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Mitch Goldstein

1 Comment

  • Dear Mitch,
    I was laid off from my job and on umemployment going on 7 months. I made arrangements with Capital One to pay a lesser amount monthly and they agreed. Now I received a call from a collection agency United Recovery Systems for new monthly arrangements that are to much for me to pay. They will want my banking info to withdraw the funds. I did not give it to them and I advised them that I can only pay $25.00 monthly unitl I return to the work force. They insist on a large upfront payment. What should I do?

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