February 10, 2021
Summary: Being sued by American Express can put you in a stressful situation. Learn how to prepare for your American Express lawsuit and respond to their debt collection efforts.
If you've seen an American Express ad, you no doubt have heard their tag line: Don't Live Life Without It. Here's what you can live without, being sued by American Express. But if you have been sued by American Express, this isn't the time to panic.
This is the time to keep your head about you. The proper decisions followed by decisive action by the consumer is imperative. Being involved in an American Express lawsuit can be intimidating but the consumer that takes action to develop a strategy will result in the best possible outcome.
A consumer who was served a summons in an American Express lawsuit needs to gather as much information on the company as they can. Keep in mind, if American Express has taken the action to file suit means they are prepared to do whatever they deem necessary to collect any unpaid balances. Knowledgeable consumers know acquiring as much information can lead to the strongest defense if you are being sued by American Express.
Sure, if asked, most people would say they are very familiar with American Express. It would also be probable that most of those consumers have never found themselves battling American Express in court. If you find yourself in that particular situation, there are measures you can take that would be beneficial to you and your case. The goal here is to put yourself in the best possible position in an AMEX lawsuit.
Incorporated in the state of New York, American Express Company has been in business for well over 170 years. They are a financial institution in this country. Don't let this deter you from the necessary work to fight them in court.
If you are being sued by American Express, know this: You are not alone. After the realization sinks in, take the necessary action.
Once the AMEX collection department completes its efforts, the decision to file suit can be made. Generally, if the unpaid balance is small, they will simply write it off. If the balance is significant, the chances that they file a lawsuit is great. The exact amount would differ depending on the jurisdiction of the suit which is usually where the consumer lives.
Deciding to proceed with a lawsuit costs American Express additional money. Aside from the balance owed, there are court costs, attorney fees, and lost interest to name a few. More than likely, these additional charges will be added to the formal Complaint. This is the paperwork filed with the courts that make the detailed allegations that you owe the money.
Once they decide to move forward, you will be served a summons to appear in court to “answer” the specific allegations in the Complaint. The worst thing a consumer can do is to ignore the Complaint. This becomes the critical period for the consumer. You have every right to answer every single allegation made against you. If you fail to take this action, the most likely outcome is that American Express will file a motion with the court to secure a summary judgment.
You see, without a response from the consumer, American Express can convince the court that you agree with the allegations in the Complaint. Then the court can agree with them and grant them the summary judgment. This can lead American Express to take some, if not all of the following actions against you to satisfy the judgment:
Do not let this happen to you. Take action and respond to the Complaint.
The “answers” to any allegations made in a suit are known as Affirmative Defenses. One by one, you and your legal representative can address every single point in the AMEX lawsuit. This is your right to be heard by the courts.
This is the opportunity for the consumer to challenge the lawsuit. Remember, the burden of proof is on American Express. They have to show that the alleged balance owed is correct. Also, they must show that every single allegation is accurate and provide the proof to substantiate that.
Just because American Express is a brand that most people are familiar with doesn't mean that this company doesn't make mistakes. As you and your legal representation answer their allegations, keep in mind that requesting proof that you are indeed the correct person, that the balance owed is correct, and, most importantly, that they filed their complaint timely is maintaining your basic legal rights. Even confirming that they are within your state's statute of limitations is a critical part of your legal defense.
So, you have been served with a summons from American Express. What does that mean for you? It means that you have to lead your defense. To do that, you need to answer the suit. To get help with this, go to Solosuit.com. To be honest, you'll find that SoloSuit can make it less frightening and easy for you to file an Answer to a collection lawsuit in any jurisdiction.
Being in this situation can be frightening. But imagine that you receive an American Express settlement offer. They have been known to do that. One thing is clear. If you hide from their collection efforts and you don't exercise your rights by answering their allegations, the outcome will likely go against you.
If fighting back can get you a reduced settlement amount or even get the case dismissed, you will realize that it was worth the time and effort. Don't take it on the chin. As a consumer you have rights. Let SoloSuit guide you as you respond to an AMEX lawsuit.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.