Brother threatening at work place about a debt

[jay12]

State: IL

A friend of mine has a brother who added her as an add-on user on his credit card. My friend was a student, and used the card for her expenses. She did not make payments towards the card when she was a student. Later, her brother sent her a legal notice saying that she is responsible for the debt and that she clear it up. The balance was around 14000$. My friend is sure that she did not spend this big an amount on the card. It could have been interest and late-fees (?) that accrued. She does not have any records either. He even made her write a letter stating that she assumes full responsibility of repayment.

This happened around 3 years back, and my friend has been making regular payments ever since. Around a couple of years back, the brother sent a second legal notice asking her to either pay the entire amount in one go, or to take the account onto her name. She was not in a position to do either, as she did not have such a huge amount of money, and neither the credit history to take the card onto her name. What she did do instead was to almost double her payment every month since then.

Currently, the balance is down to around 9000. In the meantime, my friend changed jobs and moved to a new city. The brother somehow tracked her down (is this even legal?) and called her at her work place. He threatened her that the balance is still 14000 and that he would tell all her co-workers about this if she did not pay up! Can he do something like this? I do not ask if he can do this as a brother, but legally? Is it even legal for him to call her at her work place and threaten and harrass her? That too when she is keeping up her end of the agreement with the credit card company? She immediately called the credit card company and they confirmed that the balance is not actully 14000, as he insists, but a little over 9000$.

My questions are:

1. Is the brother legally right in threatening my friend at her work place?
2. What action can my friend take? Will she have to hire an attorney? (The dilemma is whether to pay high prices to an attorney or pay towards the credit card)
3. If she in fact decides to hire an attorney, what can be done? Can a letter be sent forbidding him to harrass her any further?
4. What retaliatory action can the brother now take?
5. What is to stop him from continuing to harrass her or contacting her co-workers?

We are totally at a loss, and my friend is very upset, understandably. Can someone help and give us some pointers?

Thanks for any guidance.

[jay12]

I apologize for the double posting. My browser was playing tricks on me.

[Ladynred]

He even made her write a letter stating that she assumes full responsibility of repayment.

That could be a problem. If ALL she was was an AUTHORIZED USER on the account, and not joint, the she legally had NO legal obligation for the debt and the CREDITOR could not go after her for a penny of it. Since she signed that letter though, he may have enough to sue her for it. If he did, your friend would have every right to demand an accounting of how he comes up with that kind of balance he alleges she owes.

the brother sent a second legal notice asking her to either pay the entire amount in one go, or to take the account onto her name. She was not in a position to do either,

If she was just an AU, there's no way she could 'take the account' onto her name, the credit card company wouldn't do it as an AU bears no legal liability.

The brother somehow tracked her down (is this even legal?)

Yes, it's legal and it's not hard to do at all these days.

he would tell all her co-workers about this if she did not pay up! Can he do something like this?

Your friend could press charges against HIM if he tried that. If he does it, she should too !

Is it even legal for him to call her at her work place and threaten and harrass her?

There are laws against harrassment but it would not be that easy to nail him for it.

1. Is the brother legally right in threatening my friend at her work place?

Threats are never acceptable, no matter who makes them. If he were a 3rd party debt collector he would be breaking the law. Since he is not, he likely isn't doing anything illegal.

2. What action can my friend take? Will she have to hire an attorney? (The dilemma is whether to pay high prices to an attorney or pay towards the credit card)

Given that she did sign some kind of agreement he could sue her. Whether or not it would stick is anybody's guess. A lot would depend on the contents of that 'agreement'.

3. If she in fact decides to hire an attorney, what can be done? Can a letter be sent forbidding him to harrass her any further?

Sure, but he's not really breaking any laws unless she gets a restraining order against him.

4. What retaliatory action can the brother now take?

He could try suing her. If he does, she needs to demand proof and a full accounting of how he arrived at the amount, etc.

5. What is to stop him from continuing to harrass her or contacting her co-workers?

A restraining order... a lawsuit for slander and defamation if he contacts co-workers.

BIG lesson - -never borrow money from family - and never lend it to family either !!