Phone call from debt collector today

[wellspring]

I filed my Chapter 7 on June 25th, had my 341 July 22. Today I received a phone call from someone who identified himself as an attorney and that he was informing me that papers were being submitted as we speak to the court in my county because I owe Fleet bank X amount of dollars. I interrupted him and told him that I had filed for bankruptcy. He said "Oh I know that you filed, we received the notice, but you haven't been discharged yet, so we can still pursue you for this debt." Something smells fishy here....I told him to call my attorney! I called my attorney, but he was out, so I left a message....haven't heard back yet, but hopefully tomorrow.

[brokeinmichigan]

You tell them your case number, attorney's name & number, and you tell them that you KNOW it is illeagal for them to violate the stay while you are in BK proceedings. Tell your atty (or better yet, the paralegal) the company and their phone number. Your atty should notify them immediately to cease the calls or be sued. Simple as that. We got a couple calls the first few weeks after filing, but as soon as I gave them the case info, etc...they were VERY pleasant, apologized for "missing that in the computer system". One or two callers even wished us luck! No creditor calls in a couple months now. Just waiting to be discharged...last day for objections was 2 days ago.

Good luck!

[lrprn]

This is a blatant violation of the automatic stay. Your lawyer should go after this "lawyer"....and chances are this person is no lawyer. Just trying to scare money out of you illegally.

If you happened to record this call, your attorney or a consumer rights attorney could get at least $1000, court costs, and pay your lawyer's fees to boot from this jerk!

[JRScott]

Yep blatant violation. Hopefully you get in touch with your lawyer. Good Luck

[wellspring]

My attorney contacted me this morning and I told him what had happened. He asked if I still had the message on my voice mail..I told him yes.....he said to keep it. He wanted the name and phone number of this jerk. When I got home today, there was a letter in my mailbox from him demanding payment by August 17th, so I am going to send my lawyer that also. Would be nice to sue him, but anything I get would most likely go to my bk estate.....but it would be worth it I guess to get one PITA in trouble....lol

[guzzie]

go for it and teach him a lesson!!!! I got not one call or letter since I filed june 5....
best of luck to you.......guzzie

[CPO]

My attorney contacted me this morning and I told him what had happened. He asked if I still had the message on my voice mail..I told him yes.....he said to keep it. He wanted the name and phone number of this jerk. When I got home today, there was a letter in my mailbox from him demanding payment by August 17th, so I am going to send my lawyer that also. Would be nice to sue him, but anything I get would most likely go to my bk estate.....but it would be worth it I guess to get one PITA in trouble....lol

Seems you have this well handled...

Good for you. Glad to see your taking care of yourself and not "rolling over" on this dirtbag scumbucket.

Not that you will get the chance, but would it be nice to mention to the judge how this "attorney" just loves to fly in the face of said judges' temporary stay...

Oh, he'd love to hear that...

My guess is that he's not an attorney at all. He's just playing the part, which is gonna get him in even more trouble.

Sue after your discharge...there is no time limit and as you know it keeps the Trustee from attaching to any award.

If you can cover any contingent award with an exemption, that will work out well too.

That is what I have done with my suits on Mann Bracken and NCO.

Regards,

CPO