Forster & Garbus /summons

What does the summons say? Who is the plantiff? AMEX as a general rule does not sell their paper...they actively sue.

DV's go to the attorney...sending it to the court will do you nothing.

Hi,
Thank You for your reply.Plaintiff is Amex Centurion Bank. I wonder if I should wait for their response to my DV letter, before I would respond the summons on court.

No...you have to answer the summons. If the plantiff is AMEX, AMEX still owns the debt...it has not been sold, only assigned. At this point in time, a DV probably wont be answered and it wont stop the court proceeding.

Your balance is higher because interest has been continuing to accrue, plus you are responsible for court and legal costs.

Now that you have received a summons you need to answer it and make your court appearance. They cannot charge you any fees or anything else unless they are able to validate/prove the debt in court which will require significant paperwork on their part. Among other things they need to furnish the agreement you signed. NOT a copy of a blank agreement they say is LIKE the one you signed. They must have personal knowledge of the debt and a record of the accounting to show how they arrived at the charges they say you owe.

You will have to follow civil procedure for your court and request documents proving the debt in discovery. If you send a validation now, you can bring it up in court but you have to follow the court procedure now.

be careful though. ny attorney general is suing them as we speak. forster and garbus have been accused of getting default judgments behind people's backs without properly serving them a summons.

i would get the advice of an attorney if i were u.

best of luck!