Fight Back! Your Guide to Defending Against an American Express Lawsuit
If you’ve received a lawsuit from American Express, you might be wondering what to do. If so, you’re not alone: American Express is one of the most aggressive credit card companies when it comes to collecting debt, and they’re known for suing their customers in court.
But don’t let them scare you! You have rights as a consumer and you can fight back against this lawsuit. Let’s take a look at the step-by-step process so that you know exactly how to defend yourself against an American Express lawsuit.
American Express Is Not Someone You Can Ignore
The first step is deciding to work with a debt lawyer. The more you know about the business and its practices, the better off you’ll be while trying to settle the account. It’s to your benefit to limit the growth of their collecting attempts. American Express may decide to take legal action if it is unable to resolve the dispute through alternative means. With the addition of legal expenses, interest, and court costs to the original debt, the total can quickly balloon out of all proportion.
Once you make up your mind to deal with it squarely, you’ll have more say over the future of the collection.
Don’t you think it’s preferable to have some control over the situation rather than be at the whim of an unknown debt collector?
If you do nothing and disregard American Express’s attempts to get in touch with you, the situation will certainly evolve into a lawsuit.
Once American Express has made this decision, your input as a customer will be negligible at best. If American Express decides to sue, they will likely try to get a judgment against you through the court system. The following measures may be taken against you to collect on the judgment if this occurs:
- Establish a lien on your property
- Put a freeze on your accounts
- Get a wage garnishment
Make sure that this doesn’t happen to you. The Complaint requires action, therefore please do so swiftly through legal means.
Ways to Handle a Credit Card Lawsuit
When you’re facing a lawsuit from American Express, it can feel overwhelming. It’s easy to get caught up in the legal jargon and assume that there’s no way you can fight back. But we have good news: it’s possible!
Here are five steps you can take to defend yourself against an American Express lawsuit:
1. Make Sure That Your Debt Is Accurate
If you’re facing a lawsuit, it’s important to make sure that your debt is accurate. Credit card companies can make mistakes, which can lead to unnecessary charges on your bill. If you find that your debt is inaccurate and you have been overcharged, then this will be a key part of your defense against an American Express lawsuit.
You have the right to obtain written proof of a debt under the Fair Debt Collection Practices Act (FDCPA), which is part of the Consumer Credit Protection Act. Send a certified letter requesting validation of the debt to the person suing you (return receipt desired) if you want to use this defense.
Legal representation is another option. You should at least schedule an initial appointment with a debt lawyer if you’re thinking about employing one before taking any action on your own.
2. Retain legal counsel
Another thing to do when faced with an American Express lawsuit is to retain legal counsel. There are several reasons why it’s important to have an attorney on your side when dealing with a credit card lawsuit—the most obvious being that they know the law better than you do! Additionally, they can help ensure that your rights are being honored while also working toward getting your case settled. A debt lawyer can help guide you through the process of resolving your debt dispute quickly and efficiently so that you can get back on track financially as soon as possible.
In most of these situations, American Express is the initial creditor, therefore they have the original paperwork necessary to substantiate their case. Unless this is an identity theft case or Amex doesn’t have any discovery papers, it is sensible to use the action thus far as leverage to settle. That’s why it’s crucial to know which legal firm you’re dealing with.
4. Contact a Credit Counselor
Your defaulted credit card debt may be settled in a different method before your trial date. A qualified credit counselor may be able to assist you in developing a debt management program (DMP) to assist in the gradual elimination of your credit card debt through a schedule of affordable monthly payments.
5. Check Out Your Alternatives
Settlement offers from American Express often fall within a range of 40–55 percent of the original amount owed. To negotiate a lower settlement, it is important to highlight any relevant hardships, such as financial or medical ones. On top of that, a lower settlement may be obtained when making a lump sum payment as opposed to a more drawn-out repayment schedule. We have learned that American Express, in light of the current Covid Crisis, is ready to negotiate lesser settlements for some customers.
McCarthy lawyers have helped thousands of people resolve their debts and begin a new and beneficial financial journey. Our lawyers can discuss your personal debt settlement options with you during an appointment.
In conclusion, American Express has a reputation for being a tough company to deal with. If you’re facing an American Express lawsuit, you should be prepared to fight back.
We hope this guide has helped understand how to defend yourself against an American Express lawsuit. If you’re still unsure about how to proceed, or if you have any questions about American Express law, don’t hesitate to reach out to McCarthy Lawyers for help.