Have you been sued by
You’ve landed on this page most likely because you’ve received
a lawsuit from American Express and you're wondering:
credit card debt lawsuits, American Express tend to be more thorough as compared to many other creditors.
Oftentimes, their attorneys will assert multiple causes of action, which
may include: Breach of Contract, Accounts Stated, and Unjust Enrichment.
Moreover, they oftentimes are able to respond with evidence including
years of billing statements and the cardmember agreement.
- Why am I being sued?
- Do I really owe the amount they are claiming?
- How can I fight a lawsuit from American Express? What are my defense?
- Can I negotiate to settle and reduce my debt?
We Fight Lawsuits From American Express
Call Today: (888) 301-0584
American Express Lawsuits in New York
Typically we encounter a small group of law firms that represent American
Express in collection actions. These New York law firms include, but are
not limited to:
The law firm of
Jaffe and Asher LLP
- Zwicker & Associates P.C.
American Express Legal Department (in-house lawyers)
- Anes, Leventhal & Snyder, PLLC
- Relin, Goldstein & Crane
An Answer must be filed to the lawsuit. An answer should be prepared pursuant
to the New York Rules of Civil Procedure, should be filed with the proper
court, and a copy submitted to the creditor's law firm. The contents
would usually include:
- General Denials (or specific admissions and denials); and
- Affirmative Defenses;
- Any applicable counterclaims. By hiring an experienced attorney at our
firm, you could rest assured that your lawsuit answer will be responded
Examples of Affirmative Defenses in NY:
- Accord & Satisfaction; Barred by Statute of Limitations; Laches; Failure
to State a Cause of Action
Will Hardship Protect Me From a Lawsuit?
When a lawsuit is brought, the court will ultimately look to the evidence
to determine whether the debt is due and owing. Some people make the mistake
of responding to the lawsuit by calling the creditor's attorney to
explain to them their hardship. Hardship is not a defense to a lawsuit,
and a phone call is not a sufficient response to a summons and complaint.
Hardship, by itself, will not protect a defendant from judgement. However,
sometime after submitting an answer which complies with the NYCPLR, our
attorneys may share the borrowers hardship with the agents for American
Express in order to help negotiate a
In one instance, we were contacted by a gentlemen that was seeking assistance
for his elderly mother. He pleaded with the collectors hired by Amex that
they should understand that his mother is:
- beyond 90 years of age;
- lives in a nursing home;
- does not own real estate;and
- earns a modest fixed income from pensions which are fully exempt from collections.
Nonetheless, they brought suit against her for approximately $11,000. After
litigating the matter for some time, it was settled for a substantial
reduction, with payments starting at $100 per month, and increasing periodically
until the settlement balance is satisfied (a/k/a staggered settlement).
Negotiating an affordable payment plan was the most important criteria
for this particular client. The point is, don't count on your financial
hardship to help you avoid a pending lawsuit.
Example Litigation Results From Our Attorneys
The Law Office of Simon Goldenberg PLLC was retained to assist in a lawsuit from
American Express Centurion Bank in an amount of approximately
$375,000 for a defaulted credit card debt. The Lawsuit was brought in the Supreme
Court of the State of New York by the debt collection lawyers at Jaffe
& Asher LLP.
Given the high balance amount and the complexity of this particular case,
our attorneys fought tooth and nail to protect the borrower from judgment.
After about 18 months of defending the lawsuit and conducting negotiations,
the attorneys at Jaffe & Asher LLP ultimately agreed on behalf of
American Express to accept a settlement of about
$180,000, to be paid monthly over a period of several years.
This settlement substantially reduced the debt amount and it permitted
the borrower to repay at an affordable rate, while alleviating the pressures
and concerns of active litigation.
Defense from Credit Card Lawsuits in New York and New Jersey
Our attorneys understand the concerns that most face when being sued for
credit card debts. We have assisted numerous client's within New York
and New Jersey with respect to resolving litigated matters brought by
large banks such as American Express. Allow us to put years of experience
behind defending your case. Since results vary from case to case, prior
results are not indicative of our future performance. However, we work
hard to achieve the best possible results for each and every client. To
find out how we can assist in your situation, call us to speak and speak
to our legal team.
Learn how we can help reduce debts from American contact us at (888) 301-0584
to schedule your
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