Legal Question in Credit and Debt Law in California

credit card suit

IF your credit card accounts go to collection and they serve you via another adult in your home and you make arrangements on the phone with the law firm/collection company- does the verbal arrangement stop the collection action? Also, am I required to give them my bank account info to make payment or can I do it via us mail? If I chosse not to give them my bank info- can they then rescind the offer or payment arrangement agreement?


Asked on 5/26/09, 5:20 pm

2 Answers from Attorneys

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

Re: credit card suit

Don't ever give out your bank info to a CA. They will suck your bank account dry. You should have consulted with a lawyer before promising them anything.

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Answered on 5/26/09, 5:30 pm
David Gibbs The Gibbs Law Firm, APC

Re: credit card suit

The rights and obligations you have with respect to this creditor are governed by the agreement you reached with them. The answer to all of your questions is - it depends upon what you agreed to. Can they continue collections? Yes, unless your agreement with them specifically stayed collection efforts. Can they require you to give them your bank account info (which, by the way, I agree with Attorney Stone - don't ever give it to them)? Yes, if that is a condition of the deal you reached. You should have had an attorney negotiate for you so the terms of the deal would be clear, and it could have been documented properly. What you have now is an oral agreement that probably doesn't cover any of these points, which means they can do essentially what they want.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/26/09, 5:55 pm


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