Have you been notified that American Express is suing you? We understand that you may not know how to defend yourself or what steps to take now. Below, our North Texas debt defense attorneys discuss what you can do if being sued by American Express in Texas and potential legal options.
We recommend discussing your unique situation with an experienced lawyer to explore your legal options. During a confidential consultation, we can review your case and help you determine the best way to protect yourself from an Amex lawsuit.
What Is American Express?
American Express Company is an American financial corporation. It is widely known as American Express or Amex. It is one of the largest digital banks and credit card issuers in the United States.
Does American Express Sue for Credit Card Debt?
American Express does sue credit card holders for defaulted credit card debt. While many creditors may write off and sell old debts to debt buyers, American Express usually keeps its defaulted accounts. After a certain amount of time, it may sue the credit card holder to try to recover the debt. Generally, a credit card issuer will consider an account delinquent if the owner has not made a minimum payment in 180 days.
Are you being sued by American Express? If you are facing an Amex lawsuit, then American Express may be trying to recover the defaulted credit card debt from you.
Who Represents American Express?
American Express works with many law firms across the United States to handle its credit card lawsuits. A few firms it uses to handle and litigate its Texas cases include, but are not limited to:
- Couch Lambert, LLC
- Rausch Sturm LLP
- Zwicker & Associates, P.C.
- The DeGrasse Law Firm, P.C.
American Express also has its own in-house litigation team that handles credit card debt lawsuits.
What to Do When Being Sued by American Express
If you are being sued by American Express, you must respond to the lawsuit in order to avoid a default judgment against you. American Express may get a default judgment against you if you ignore the lawsuit and do not show up in court. A default judgment will legally entitle American Express to the debt it alleges you owe, even if you have strong defenses against its claims.
If American Express gets a default judgment against you, it may be able to get money from you in the following ways:
- Bank garnishment or freezing your bank accounts
- Property lien
- Property seizure
We recommend working with an experienced debt defense attorney to defend yourself against an Amex lawsuit. Mistakes in your response could hurt your defense and chances of winning the case. Your attorney can draft and file a thorough response, known as an Answer, with the court handling your case. In Texas, you may have as little as 14 days to respond to the lawsuit, depending on the Texas court handling your case.
It is important to understand that you have legal options when being sued by a creditor like American Express. During a confidential consultation, we can review your case, answer your legal questions, and help you to understand your best options. Request a consultation today by calling our office or filling out our online contact form.
What Are My Options in an American Express Lawsuit?
Every case is different, and your legal options will depend on the unique circumstances surrounding your case. However, your options may include one or more of the following:
Request a Case Dismissal
The debt defense lawyers of Warren & Migliaccio will investigate American Express’s claims against you. We will also determine the validity and strength of the claims.
If we find weaknesses in American Express’s case, we may request a case dismissal on your behalf. For example, American Express only has four years to file a credit card lawsuit against you. If the deadline has passed, it cannot sue you, and we will request a case dismissal.
Fight the Case
You may have strong defenses against American Express’s claims. Since American Express is the plaintiff in the case, it has the burden of proof in the case. The burden of proof means American Express is responsible for providing evidence proving its allegations are true. American Express must be able to prove that it owns the account, that you are the owner of the debt, and that you owe the alleged debt. American Express may not be able to prove its case when you challenge it.
Negotiate a Settlement
If our attorneys determine that American Express has a strong case against you, then we may recommend that we negotiate a settlement on your behalf. In our experience, credit card issuers like American Express are generally open to settling. Settlements are advantageous because they avoid the costs and resources of litigation.
We may be able to help you negotiate a favorable settlement with American Express that is lower than the original amount of debt. Additionally, we can work toward a straightforward payment plan that works for you.
Explore Other Options
Our attorneys have extensive experience helping individuals with debt resolution and getting a new financial start through bankruptcy. Depending on your unique situation, bankruptcy may be a good option for you. During a consultation, we can determine whether it may be the right option for you.
Discuss Your Legal Options During a Confidential Consultation
At Warren & Migliaccio, our North Texas debt defense attorneys have significant experience and success representing and defending individuals in debt collection cases. If you are sued by American Express in Texas, we recommend reaching out to us to schedule a confidential consultation to discuss your case. We will review American Express’s claims against you, help you understand your legal options, and determine how we can help you. Call our office or contact us online, and we will be in touch with you soon.
