American Express, Court Summons

[aoiya]

Hello folks,

I received a court summons from a law firm  in my state, who say they have been retained by American Express Centurion to collect on a debt.

This is my situation:

In 2005, I did open up a business account with American Express and I did default on the account. In 2007, when I moved back home, a relative transferred the debt among other debts to another credit card with 0% and paid if off. He assisted me to help me out, but didn't want the family to find out. So all receipts statements and such he did not keep.

In 2010, in trying to clean up my credit score to purchase a home,  the AE account was still showing on my credit report. I wrote AE a letter, one of those I'm sorry for what I did, I'm trying to clear up my credit, I take full responsibility for the account anything I can do to resolve the issue I would be happy to. (I have a copy of that letter I sent)

AE wrote me back and just wrote:

" We are pleased to advise you that we have requested the credit reporting agencies listed below to delete all information pertaining to the account identifier number from your credit report.

We appreciate your patience as it may take up to thirty days for the reporting agencies to comply with our request, Please use this letter as a verification until your file is updated."

In March of 2011, I received a call from a collection agency named first source, This was initially very hard cause they wanted me to fax them the letter from AE, I requested information from them in writing saying I owed this still, and also I requested a debt verification, which they refused. I told them until I get something in writing regarding the debt I was not going to send them anything.  He said that it was not necessary. It took about 1 month and about a call a week from him before I got the information I requested. In return, I sent a copy of the AE letter to him certified.  That was the last I heard from them. Then in April, I received a letter from a attorneys office here in my state, that they have been retained to "assist American Express Centurion" for collection of the amount.  I sent them a copy of the AE letter as well.  In return, they sent me a letter stating that the letter from AE did not say that I paid off the debt, and therefore it was still owed.

And now I have a court summons. Not sure if I should get an attorney or even what to do. There isn't a date, and I have 30 days. Do I have to file? And what actually comes with filing?

So at this point, I really have no proof that I paid, I wrote AE a letter last week, with all the documentation, requesting a solution or a letter stating that the debt was paid in full. (not sure that's the right thing) but didn't know what other options I had.

So the debt and the information has all been removed from my credit report.  First source along with another entirely different law firm, had check my credit report, I have 2 hard inquiries from them.

Lastly the debt is $5612.75.

Any advice?

Thanks for taking the time to read this.

[p-]

---

@aoiya wrote:

Hello folks,

I received a court summons from a law firm  in my state, who say they have been retained by American Express Centurion to collect on a debt.

This is my situation:

In 2005, I did open up a business account with American Express and I did default on the account. In 2007, when I moved back home, a relative transferred the debt among other debts to another credit card with 0% and paid if off. He assisted me to help me out, but didn't want the family to find out. So all receipts statements and such he did not keep.

In 2010, in trying to clean up my credit score to purchase a home,  the AE account was still showing on my credit report. I wrote AE a letter, one of those I'm sorry for what I did, I'm trying to clear up my credit, I take full responsibility for the account anything I can do to resolve the issue I would be happy to. (I have a copy of that letter I sent)

@Anonymous wrote me back and just wrote:

" We are pleased to advise you that we have requested the credit reporting agencies listed below to delete all information pertaining to the account identifier number from your credit report.

We appreciate your patience as it may take up to thirty days for the reporting agencies to comply with our request, Please use this letter as a verification until your file is updated."

In March of 2011, I received a call from a collection agency named first source, This was initially very hard cause they wanted me to fax them the letter from AE, I requested information from them in writing saying I owed this still, and also I requested a debt verification, which they refused. I told them until I get something in writing regarding the debt I was not going to send them anything.  He said that it was not necessary. It took about 1 month and about a call a week from him before I got the information I requested. In return, I sent a copy of the AE letter to him certified.  That was the last I heard from them. Then in April, I received a letter from a attorneys office here in my state, that they have been retained to "assist American Express Centurion" for collection of the amount.  I sent them a copy of the AE letter as well.  In return, they sent me a letter stating that the letter from AE did not say that I paid off the debt, and therefore it was still owed.

And now I have a court summons. Not sure if I should get an attorney or even what to do. There isn't a date, and I have 30 days. Do I have to file? And what actually comes with filing?

So at this point, I really have no proof that I paid, I wrote AE a letter last week, with all the documentation, requesting a solution or a letter stating that the debt was paid in full. (not sure that's the right thing) but didn't know what other options I had.

So the debt and the information has all been removed from my credit report.  First source along with another entirely different law firm, had check my credit report, I have 2 hard inquiries from them.

Lastly the debt is $5612.75.

Any advice?

Thanks for taking the time to read this.

---

Sounds a little hinky...  If your relative actually paid the debt off with a balance transfer then he should be able to get a copy of the statement from the credit card he used.  Even if he doesn't still have the statement, the credit card company can email him a copy.  You might need some legal assistance; whatever you do don't ignore the summons.  That will result in a judgement and probably garnishment.  

You also need to find out your state's SOL, and see if this debt is too old for a judgement.  2005 was almost 7 years ago.  Again, the advice of an attorney could be very valuable.  What state are you in?

[aoiya]

I am in arkansas. I didn't realize that the credit card company could still pull it, I will ask my uncle about it, thanks for that advice. I was considering enlisting an attorney, would it be under general practice?

[GregB]

Do not ever throw away any paperwork unless you are sure you will not need it. I would suggest you keep this paperwork forever. Seriously.

[aoiya]

I went ahead and called an attorney, waiting on them to call me back. I know that my uncle paid the account, Its just that since we tried to keep it from the rest of the family, he paid with a money order every month. However  I will touch base with him to find out what credit card company. Since he lives about an hr away, I may have to head up there one day and with him on the phone call the credit card company to request the info.

Also the SOL for arkansas from what I've found so far on the internet is 5yrs. But is that 5 yrs from the time I started the account or 5 yrs from the time I defaulted on the account? In the Summons, it said I defaulted on March 6, 2006.

The one and only letter I got from FirstSource was dated March 4, 2011 and from the Law Firm was April 12, 2011.

[HoldingOntoHope]

Please for your own safety, rely on the advice of an attorney in your own state for answers to your questions. If you open the phone book (showing my age) and look under attorneys you will find ads for those that specialize in financial matters such as judgments. Even if you pay a small fee for consultation it is better than a judgment against you.

As was previously stated, DO NOT IGNORE THE COURT SUMMONS. Even if all you do is show up and request a continuance (delay) to get an attorney on your side. I can't even promise they will allow that. But if you ignore it, I can promise that a default judgment will not be a pleasant experience (from personal experience).

[aoiya]

Definitely not going to ignore the summons.

[importking]

You may want to contact a lawyer that deals with FDCPA violations to see if any the CA violated any laws while trying to collect.  You may be able to file a countersuit. Either way, it is recommended that you seek legal counsel immediately.