Legal Question in Credit and Debt Law in California

Dur to health reasons I drained all my savings and I couldn't keep up payments on my credit cards. I got a letter from Suttell Hammer and White (suttellandhammer,com) saying they intend to sue me on behalf of their client Discover for $14.5K and to reply in 5 days.

I live in California. Since it was unsecured credit card debt, can they place a lien on my home and force a sale? I really am trying hard but need about 6 months to 1 year to start making payments.

Did they buy the debt at a discount and should I send them a debt validation letter?


Asked on 2/19/15, 4:24 pm

1 Answer from Attorneys
Scott Jordan Jordan Law Office

Is this your only unsecured debt? Do you also have un-payed medical bills?

You can send a debt validation letter, but that will only delay things a little. If you want to repay the debt, you should contact the attorney's office and try to negotiate a repayment plan with a 6 month to 1 year delay. In my experience, you won't get very far.

They can obtain a judgment and file a lien against your house. But, they cannot force a sale of the house. Usually, collection companies will forego the lien and try to garnish your wages.

Have you considered bankruptcy?

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Answered on 2/19/15, 4:40 pm


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