Posted on: 04th Mar, 2013 11:36 pm
My mother was served papers by American Express for unpaid credit card debt. She is unemployed. She has spoken to several lawyers who told her not to appear in court. The thing is, my mother had been making a payment plan with American Express but they decided to sue her for the full amount anyways. I am curious if she can fight this because we have proof that she has made payments. Other lawyers have told her she can file for Chapter 13 but she needs a secure salary. My question really is, if American Express gets a judgment against my mother, can they foreclose on her?
If she has made the required payments and has the proof of that, then she can definitely fight a case against American Express. If American Express gets a judgment against her, then they can place a lien on her property.
Hi Guest,
I don't think it will be a good idea not to appear in the court. Rather she should give a reply to the summons and also appear in the court and explain her point to the court.
I don't think it will be a good idea not to appear in the court. Rather she should give a reply to the summons and also appear in the court and explain her point to the court.