Legal Question in Credit and Debt Law in Texas

Credit hassles

My older brother suffered a severe head injury several years ago and is not capable of taking care of his personal finances for himself. He is on state disability and receives less than $1,000.00 a month. He some how filled out a credit card application and was approved. He is now in trouble with the credit card company. They have retained a attorney that calls and threatens him with a law suit almost weekly. Is there anything I can do to get this harrassment to stop ? Can I send the attorney a letter of cease and desist.

Thanks in Advance

--name removed--M.


Asked on 6/03/04, 12:56 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Credit hassles

Write to the attorney, let him know exactly what you told me, and make sure that credit card account is canceled. I'd also make absolutely sure that the charges are, in fact, your brothers' and not someone who's stolen his identity.

To all intents and purposes your brother is judgment-proof. Even if judgment is taken against him, there's nothing to collect against unless he has a large bank account somewhere.

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Answered on 6/03/04, 1:43 pm
Sharon Campbell Sharon K. Campbell

Re: Credit hassles

Yes, send them a letter telling them to cease and desist from any and all communications with you or your brother (you might have your brother sign)According to the Fair Debt Collection Practices Act, they have to cease communicating once requested. If they continue, you have a cause of action against them under the FDCPA. Technically, they can sue him but with so many exemptions available to debtors in Texas, it is highly doubtful they could ever recover anything.

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Answered on 6/03/04, 1:46 pm


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