Judgment from American Express

[Flypilot]

I recieved an alert from my Equifax credit monitoring a few days ago about a judgement being reported on Experian from American Express.

1) we have never been served or notified by mail etc from AMEX or any court.

2) I pulled our county records in our state and NOTHING has been filed with any of our courts.

3) We have not been notified by any court or AMEX.

4) I pulled all of my credit reports last night and there are no public records as of yet.


Anyone have a strategy on this one. The SOL on this debt is up in 4 months. Can they file this in another state or do they have to file it in my state where I reside?

Fly

[Flypilot]

Chane, any thoughts on this? If I can make it to the SOL, I will have more bargaining power to settle a PFD.

As of today, nothing has been filed in courts in my state or county...

Fly

[chane]

It's very odd that you got that alert and it's not showing up on your credit report. I believe the SOL goes by your state, but I'm not positive.

[Flypilot]

I do believe I read they have to file suit in the state you reside in. It would not make sense to force us to fly to or obtain an attorney in Florida if I live in Arizona...

I do not have alot of bad credit. Only two revolving accounts and 2 medical collections. The SOL is almost up on both accounts. Then I will have bargaining power for the PFD's. I just need to make it a couple of months...

Fly

[Flypilot]

******** UPDATE ********

OK, so I just received another alert that a judgement/suit has shown up my my wife's Experian report. I still have not seen it. Only that AMEX is reporting it to the bureau.

DON'T THEY HAVE TO SUE ME IN MY STATE??? I just checked my states records and there is still nothing posted in the courts. We have still not been notified of anything of the sort.

Wouldn't this be a violation of the FCRA and the FDCPA? I would love to have more bargaining power when I attempt to settle with them in two months after the SOL is up.

Chane, any thoughts???

Fly

[JeremyKean]

They do have to sue you in your state, and they have to serve you with paperwork from the court to get a judgment. If they don't go for a judgment, then in a couple of months the negotiating will be seamless.

[Flypilot]

I have been getting new alerts from my equifax credit monitoring service. It states:

Experian Suit or Judgment 11/23/2010
Suit or Judgment information has been added to or changed on your credit file.

TransUnion 11/30/2010 Account Information
A new account at AMERICAN EXPRESS has been opened in your name.

Here is the detail of the "new account":

The following changes were reported for your AMERICAN EXPRESS account:-
Company Name Changed from N/A to AMERICAN EXPRESS
Account Number Changed from N/A to N/A
Date Opened Changed from N/A to N/A
Account Status Changed from to Charged off as bad debt
Balance Amount Changed from N/A to N/A
Past Due Amount Changed from N/A to $4,992
Date Reported Changed from N/A to 11/30/2010
Comments on your account changed from N/A to Account closed by credit grantor

***** I think these jackasses are trying to "reset" the account info to show a new open date and reporting date of first delinquency. They must know the SOL is coming up next month. They have been reporting the old account as new on all three reports....

They are also reporting a suit or judgement without ever getting one at all....

IF THIS IS NOT A VIOLATION....I DON'T KNOW WHAT IS. Good thing I save all reports with the original date of last activity...

Fly

[JeremyKean]

This "should" be a no brainer for the CRA's.....still may take a few attempts.

[Flypilot]

*** UPDATE ***

just got another "alert" today on my file. As of 12/23/2010 AMEX has placed another judgement on my wifes experian report and a "new account" opened in her name with the old balance.

Still to date we have had nothing filed in our own state and have never been served.

HERE'S THE RIDICULOUS PART: They are deleting the old accounts from our reports and opening "new" accounts with the old balance we had with them. I think it is time to turn the tables and sue them. The SOL is up at the end of January. Then the real fun begins

Fly

[INTHERED21]

I had the same thing happen to me! Suit or judgment new 12/17/10 what the hell is going on with these people? I have never been served by AMEX. How on earth are they able to report this. Do any of you seasoned vets have a strategy for this?

Fly: Have you sent them any letters or tried anything?