Legal Question in Credit and Debt Law in California

Collecting on Credit Cards

I have 12-13 credit cards in my name such as Visas, Master Cards, Sears & 2 casoline cards. I have no job and no property and no vehicles in my name. I really don't want to go through a Bankruptcy unless I really have too, but I will. I would rather send a letter to all the creditors and tell them that I can no longer pay their interest and payments and not to call me or write me demanding and threaten me to pay there payments and balanced owed. Also write and tell them that I understand that they will put me into a collection account company. Would that stop all the companies from calling or writing me or can they still harass me by phone or mail or will that letter stop all activity from them. Thank


Asked on 1/17/01, 7:32 pm

1 Answer from Attorneys
Shai Oved The Law Offices of Shai Oved

Re: Collecting on Credit Cards

Generally, under the Fair Debt Collections Practices Act, a collection agency must stop contacting you once you make a request. They must either sue you at that point or stop contacting you. (Some agressive collectors continue and you should keep a record of who you spoke with, their address, the date and time they called, etc.) The original creditor can however, continue to contact you. Sending a letter to the creditors may not be successful. If they end up settling with you, they may be forced to return the money to a bankruptcy trustee (as a preferential payment) should you file a bankruptcy in the near future. Bankruptcy may be a good solution to your problems and give you a fresh start. You should speak with a local bankruptcy attorney to discuss the process and whether it is right for you. Most offer free consultations. If you would like to set up a free consultation with my office, please call me at (818) 992-6588. Good luck to you.

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Answered on 2/15/01, 2:09 pm


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