Summons from lawyer for AMEX.

If you've already gotten a summons, by all means answer it. If you do not file an answer in the time allowed, or you don't show up for court, they can get a default judgement against you.

Now, fighting it... Since you've already been served, you'll want to ask for validation of the debt during discovery. Make them produce papers that prove you are responsible for the dabt. You'll want them to come up with a signed contract, among other things. There's a good list of documents in this letter. Note that they need to provide documentation from the original creditor, not something whipped up in-house by a collection agency or a law firm. Read over the letter and the enclusure to gain a better understanding of what I'm saying here.

While we're at it, who is the plaintiff on the summons? Amex, or somebody else?

if you are being sued by American Express directly,be prepared to be buried in paper as they keep records forever.

Be sure that if and when you do go to court bring a budget showing your inability to pay and your hardship. I have seen where the judge has dismissed the case and told the creditor to work something out on their own. Worst case scenario you lose the suite and get a judgment. You can still either work out a payment arrangement or even settle on the judgment. Although if you try and settle on the judgment it will likely settle at 70%-80% of the balance. Hang in there . I know it is stressful but you will get through this. :D

How is this account not yours & what fraud steps have been taken? A truly fraudulent account would be a great defense in response to a law suit.

Have you been a victim of identity theft? Is that why the account has your name and social security number but does not belong to you?

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