Legal Question in Banking Law in California

Did you have the agreement in writing for the 60% payoff? This is not uncommon. Generally, (and hopefully), this was an oversight by the credit card co. I'd contact them and get whatever you can about the payoff agreement (if you do not already have the offer and/or agreement in writing) and send this, along with a copy of your cancelled check or bank statement showing the paymet to the attorney with a letter explaining what was agreed.

Sometimes it can take a week or so for the attorney to respond, but I've found they usually drop the case entirely. Sometimes, unfortunately, you have to deal with an unscrupulous type of attorney (and credit card co) and have to present this same evidence in court. If you provide this info to the attorney, keep a copy of your proof of mailing or faxing. That way, if they file, you have grounds to file a counterclaim for malicious prosecution and abuse of process, not to mention fraud.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through my website located at PasadenaEstatePlanning.com

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