what happens after a lawyer files an answer to amex lawsuit

After you file your answer and serve it to the collector’s lawyer, you'll receive written notification of all further proceedings in your case, like any filed motions, notice of the trial date, and notice of a settlement conference, if applicable.

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What happens after you file an answer with the court?

May 29, 2019 · American Express sued him and the business for the full amount due, plus court costs and attorney’s fees of $630. AMEX agreed to a debt settlement for a one-time, lump sum payment of $12,000, without having to file an Answer to the lawsuit. The business owner saved $16,072.36 (a 60% discount on the amount claimed due).

How do I respond to an Amex lawsuit?

After you answer your summons, it would be wise to go to the court house and file it with the court. Be sure to make a copy of your answers, and send that off to the plaintiff. Since you have answered your summons in a timely fashion, the plaintiff cannot request a default judgment. Moreover, since you have denied each and every count on their claim, they cannot file a …

How much did American Express settle for in a lawsuit?

Mar 28, 2011 · Within 180 days after the date the original lawsuit was filed, the court will typically set a case management conference which will then set the schedule for trial, mediation and most other court-related items. In the meantime, though, you can contact the attorney and discuss settlement ideas and/or propound discovery.

How long do I have to answer a credit card lawsuit?

After you file an answer with the court. The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing. If you do not get a date 30 days after you have filed your answer, call the clerk's office at your court. Ask them for the date.

What percentage does AMEX settle?

between 30% and 60%How much a creditor will settle for depends on several factors, including your overall balance and financial situation, but it typically ranges between 30% and 60% of your outstanding balance.

Will American Express settle for less?

If your Amex debt has been farmed out to a debt collector, you can no longer pursue the financial hardship program and will need to settle with the collection agency....What percentage of a debt is typically accepted in a settlement?CompanyAverage Settlement AmountDebt Relief Á la carte43%Accredited Debt Relief50%6 more rows•Apr 9, 2020

How do I fight American Express lawsuit?

What To Do If Sued By American Express (AXP)File a proper response to the AMEX lawsuit, so that a default judgment isn't entered against you in a court of law. ... Contact APX Legal and ask for proof of the debt. ... Find out if the lawsuit complies with the Statute of Limitations.More items...•Dec 8, 2021

How can I settle a credit card debt when a lawsuit has been filed?

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.Nov 29, 2021

Can American Express sue me?

If your Card is still in your possession and is just damaged, American Express will issue you a new Card, and you can continue to use that Card to make purchases until your replacement Card arrives.

What does a settlement do to your credit?

Yes, settling a debt instead of paying the full amount can affect your credit scores. When you settle an account, its balance is brought to zero, but your credit report will show the account was settled for less than the full amount.Oct 16, 2019

Can American Express garnish my wages?

Yes, your wages can be garnished over an unpaid credit card debt—especially if the debt ends up going to collections. Although many people associate wage garnishment with unpaid child support, defaulted student loans or back taxes, courts can also order your wages to be garnished over an outstanding credit card debt.Mar 18, 2022

Does American Express have a hardship program?

Yes. American Express has a hardship program called the Amex Financial Relief Program. Amex hardship relief aims to make payments easier for customers having money problems by offering plans with temporarily-reduced monthly payments and interest rates.Nov 25, 2020

How do I deal with American Express collections?

Once the AMEX debt collector begins his or her actions, they have an advantage over any consumer. They are not anxious about making the phone call or sending the letter....Don't Ignore a Debt Collector Like American ExpressPlace a lien on your personal property.Freeze your bank accounts.Garnish your wages.Apr 6, 2021

Can you get a settlement figure on a credit card?

You can negotiate a settlement for credit card debt, but doing so could negatively impact your credit for 7 years. If your credit card debt has become unmanageable, you are wise to seek help and explore your options, such as requesting a lower interest rate.Sep 6, 2018

Can a lawyer negotiate credit card debt?

A debt settlement attorney can negotiate with your lenders if you have a large amount of unsecured debt to lower the amount you owe. Unsecured debt is debt that didn't require a collateral, such as credit cards, student loans, or medical bills.

What percentage will credit card companies settle for?

Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.Jun 11, 2021

Frank Wei-Hong Chen

Just leave it alone. You do not have any basis to file a motion to dismiss. Civil cases take quite a long time. You will not likely hear anything or receive anything for several months. If your case is an "unlimited jurisdiction" case, the court will set a Case Management Conference in about 4 to 5 months from now...

Richard Gaines Heston

Since you are posting to the bankruptcy area for answers, I assume you may be considering bankruptcy. While it is correct that you may do nothing further and leave the next move to the creditor as advised previously, do bear in mind that eventually, short of dismissal, this claim will eventually lead to a judgment...

Joshua P Friedman

Within 180 days after the date the original lawsuit was filed, the court will typically set a case management conference which will then set the schedule for trial, mediation and most other court-related items. In the meantime, though, you can contact the attorney and discuss settlement ideas and/or propound discovery.

Eric Charles Lewis

This is normal. The next step for the court will likely be to set a hearing for a pre-trial conference or something similar. If you have any grounds for dismissal, that should have already been filed unless the ground is failure to prosecute which likely has not elapsed as of yet.#N#This is not legal advice.

What are pre-trial motions?

Parties will file pre-trial motions that could end a case before trial or dictate the evidence that will be heard at trial. Each lawsuit is different and presents its own unique demands. A plaintiff contemplating litigation should consult with a qualified personal injury attorney about the options and the process.

Who is the plaintiff in a lawsuit?

The parties to the suit are the “plaintiff” and the “defendant.”. The injured claimant is the plaintiff.The individuals or entities who are being sued are the defendants. Filing a lawsuit does not guarantee that there will be a trial. The plaintiff always has the option of negotiating a reasonable settlement during the course of litigation.

Can you file a personal injury claim without a lawsuit?

Many personal injury cases resolve without the need to file a lawsuit. In an ideal world, an injured person would simply submit a claim to the insurance company, and then negotiate a fair value to resolve the claim. Unfortunately, this is not always possible. Often, insurance companies deny responsibility or make offers ...

What is the purpose of a deposition?

The primary purposes of a deposition are to: Learn what a particular party or witness knows about information relevant to the case; Find out what that party or witness is likely to say at trial. The plaintiff (through his or her attorney) has an opportunity to depose the defendant about how the incident occurred.

Can insurance companies increase settlements?

Often, the litigation process will position a case for a better settlement result without the need for trial. Insurance companies may increase the offer to a reasonable amount any time prior to the trial date.

What happens at the conclusion of a trial?

At the conclusion of the trial, the jury will render a verdict. If the jury finds in favor of the plaintiff, then it is supposed to award money damages that will “fully and fairly compensate” the plaintiff for their injuries and losses. This is a 10,000-foot overview of the litigation process.

What is the purpose of a status conference?

Most likely, the Court will set a status conference to confirm that everyone has been properly served with the lawsuit documents and that each defendant has answered (or filed some type of responsive pleading). Once the Court sees the case is "at issue", it will likely set some important dates, including potentially a trial date.

How long does discovery take?

The plaintiff may commence discovery 10 days after service of the complaint. The defendant can commence discovery immediately upon answering. This is the general rule - there situation where discovery can be commenced at earlier points in time. Your trial date will most likely be assigned at your Case Management Conference with is generally set at 210 days after filing.

What happens if a case is dismissed?

If the case is dismissed, the case would be over and the Plaintiff may appeal the dismissal. However, most cases are not dismissed at this early state of the litigation. Even though many Defendants file motions to dismiss, most of these motions are denied and the Defendant ultimately files an answer to the lawsuit.

How long does it take to get a motion for summary judgment?

The discovery process takes approximately 6 to 9 months to complete. After discovery is complete, the Defendant may file a motion for summary judgment. This motion asks the Court to dismiss the case on the basis that Plaintiff does not have a case that can be won in front of a jury.

Do witnesses have to answer questions?

Even though lawyers object to the questions, the witnesses are required to answer the questions unless specifically instructed not to answer. Any objections made are for the record and will be ruled upon by a judge at a later time if the case proceeds to trial.

What is the process of discovery?

After an answer is filed, the parties begin a process referred to as discovery. Discovery refers to the exchange of information between the two sides of the case. The aim of discovery is for each side to understand what the other side is claiming and all witnesses, documents and evidence that may support the others? case.

What happens if the judge denies a motion?

If the judge denies the motion and lets the case proceed, each side is permitted to make a closing argument to the jury.

What do lawyers ask during depositions?

Depositions: During depositions, lawyers ask questions of witnesses who have to answer under oath. A court reporter or videographer records all of the questions and answers. While one lawyer asks questions, the opposing lawyer would typically make objections to some of the questions.

How long does it take to file a lawsuit?

After the lawsuit is filed, the Defendant is sent a copy of the lawsuit and required to prepare a written response to be filed with the Court within a certain number of days (sometimes up to 90 days). Once the lawsuit is filed, the Defendant may ...

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What is an affirmative defense?

One affirmative defense you must state in your answer is lack of personal jurisdiction based on improper service. The court has rules on what constitutes proper service – the correct way to deliver the complaint to you so you have legal notice that you are being sued.

How long do you have to answer a question?

1. Find out how much time you have to file your answer. In most states you only have 20 days to file your answer. You may have longer than 20 days if you were served by mail or some other way rather than in person.

What does the caption on a summons say?

The summons and complaint you received should have the same heading. It states what court the lawsuit was filed in , the name of the company or collection agency that filed the lawsuit, and your name. The caption also includes the number the lawsuit was assigned.