Legal Question in Credit and Debt Law in California

hello. my brother owes debt on a credit card, which has accumulated since he was unable to pay it off due to being laid off. recently, he's been back up on his feet again, and is getting ready to deal with debt that's been haunting him. for the longest time he's been getting phone calls, collection calls dealing with rude people and people that make the situation worse than what it already is. he has decided not to deal with them anymore and stayed disconnected with them until he can resolve this on our own. recently, he got a letter from a law office stating that they will be suing him for the costs that he owes. he was told to get in contact with them to work out any options. my brother being really young and nervous about getting into trouble, did so. they had told him that he would have to pay by the 21st of june. my brother has tried telling them that he does not have funds available yet because he had just gotten hired somewhere, and now they are telling him that he owes 2 payments by july since he cannot make a payment by june 21, which was preferred by them. they are asking for 2 payments on july 2nd. ( which we do not understand because even if they were asking for the payment from june 21st that wasn't made.. shouldn't the 2nd payment be due on july 21st? why would they both be asked upon all at once on july 2nd which makes it an even bigger financial strain.) they also stated that they sent him an agreement letter which he is due to sign and return in 24 hours or they will file the lawsuit against him. what should he do? he is not financially equipped to battle it out with these law offices, and at the same time is not yet ready or accumulated enough money to pay off his dues. from what it seems, threats to sue him is a violation of several laws is it not? what should he do? should he just sign the agreement and try to make the payments even when he's uncertain about it?


Asked on 6/21/10, 1:39 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't give legal advice to your brother. And he should not be getting his legal advice from the other attorney.

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Answered on 6/21/10, 7:26 pm


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