Understanding American Express Debt Lawsuits: A Guide for Florida Small Business Owners

If you’re a small business owner in Florida who has fallen behind on payments to American Express or other credit card companies, you’re not alone—and you have rights. As an experienced debt defense lawyer serving all counties in Florida—including Miami-Dade, Broward, and Volusia—I represent business owners who are being pursued by aggressive debt collection law firms such as Zwicker & Associates, P.C.

American Express: Credit Cards vs. Lines of Credit

Many small business owners don’t realize that American Express offers both traditional revolving credit cards and business lines of credit. While both provide access to funds, they have key legal differences:
– A credit card typically comes with a pre-set limit and minimum monthly payments.
– A line of credit may operate more like a loan, with flexible borrowing terms, fixed interest, and lump-sum repayment.

Regardless of the form, American Express often requires a personal guarantee. This means that if your business defaults, you—as the owner—may be personally liable.

What Is a Personal Guarantee?

A personal guarantee is a contractual promise by an individual to be responsible for a business’s debt if it cannot pay. These guarantees are common in American Express agreements, meaning a lawsuit could target both your business and you personally. This opens the door for wage garnishments, bank levies, and other aggressive tactics.

Lawsuits from American Express and Their Law Firms

Zwicker & Associates, P.C. is a well-known law firm that frequently files collection lawsuits on behalf of American Express throughout Florida. Other law firms involved in Florida debt collection, foreclosure and credit card debt collection include:
– Hayt, Hayt & Landau
– Rubin & Debski, P.A.
– Scott & Associates, P.C.
– Aldridge Pite, LLP

These firms may file lawsuits in county or circuit court, depending on the amount in controversy. Once served, you have limited time to respond. Failing to do so can result in a default judgment.

Defending an American Express Lawsuit: You Have Options

There are numerous defenses to a debt collection lawsuit, including:
– Statute of limitations
– Lack of standing
– Payment disputes or accounting errors
– Unenforceable personal guarantees

Examples of Florida appellate cases include:

1. Bacardi v. Lindzon, 845 So. 2d 33 (Fla. 2002) – confirming personal liability must be clearly established by contract.
2. Maggio v. Zeitz, 35 So. 3d 1000 (Fla. 3d DCA 2010) – debt collector must prove standing and chain of assignment.
3. Bryson v. Branch Banking & Trust Co., 75 So. 3d 783 (Fla. 1st DCA 2011) – highlighting the importance of accurate account documentation.

How I Can Help You Fight Back

As a Florida debt defense attorney based in Ormond Beach, I offer:
– Comprehensive review of your Amex agreement and personal guarantee
– Strategic negotiation or settlement options
– Aggressive courtroom defense if necessary
– Representation across all Florida counties, including Miami-Dade, Broward, and Volusia

Don’t face firms like Zwicker & Associates, P.C. alone—legal help can make a difference in the outcome of your case.

Contact Me Today

Andrew J. Pascale, Attorney at Law
Law Offices of Andrew J. Pascale
Serving All Florida Counties
📍 Ormond Beach, FL
📞 (877-667-1211)

If you’ve been sued by American Express or another creditor, contact me immediately to protect your rights and explore your legal options. Whether you need a Florida credit card lawsuit defense attorney or help fighting a business credit card default lawsuit, I’m ready to assist you.

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