This is getting old

[blankslate]

So I have two CA's who continue to call me and keep me on their auto dialer, which calls several times a day. I will be changing this number eventually (it's my cell)

I've answered the call when I happen to catch it and press the right buttons to speak to a "representative" and wait.. and wait.. and wait. Most of the time it tells me no one is available and to call back during their business hours. I HAVE called back during their business hours and the two times I've actually gotten a person told them that I am in bk, gave them my case number, etc. For one thing they always ask for my attorney's name and I tell them to make sure they're writing it down, and then spell out M-E. That would be Me thank you very much.

So I've told them that they are well aware of the bk and they argue with me that they have heard nothing about it. One of them is hospital bill and I told them not only did the mail NOT get returned and WAS signed for when I sent it certified, but THEY actually notified the court of their PREFERRED bk correspondence address. I've even faxed them a copy of the creditor matrix showing that they were included. The calls still come...

The last time I spoke to each of these "representatives" I told them that at this point I don't care what they say, they are violating the automatic stay and THEY need to find out where this paperwork is going to or else I am going to go after sanctions for their violations. They get flustered and hang up on me. Don't get me wrong, I love that part.

So how many hoops should I have to jump through to properly inform them of this bk? I'm just days away from discharge now. Have I done enough to now follow through with my threat of going after them for sanctions?

[dingdong]

I think you should start brushing up on your AP skills.

I have a CA doing the same to me. I have been drafting a letter, informing them of their continued violations and said I would discuss settlement options.

At the very least, I want them to poop their pants. If all goes well, they will be buying me a new crappy car that gets more than 13 MPG.

I am hoping for the latter.

[DeadManCrawling]

If you haven't already-time to start keeping very clear and concise records of these calls, even recordings, even if no one is actually on the other line and it IS just the auto-dialer.

There are so many potential violations of phone and FDCPA law here it's not even funny. Judges do not like this sort of thing, especially when the creditor has nto only been informed but has made motions on the case and so on.

One such case I am aware of resulted in 300k in sanctions against a creditor who did very similar things in a bk case. That was 300k to the debtor, enough to pay all their debts and then some.

You should look into the law and see if it is worth pursuing.

Judges really, REALLY do not like this sort of thing.

[bk4sky]

if you have already informed them of the BK then you've done your part and have every reason to go after them. Thats just absolutely crazy.

When i hired my atty, the 1st thing he did was gave me a blank list of "call logs". which every time a creditor contacted me and i informed them i was filing i had to write down the date, time, who i spoke to...etc. When i went in for my filing i had to take those in, plus any letters i rec'd from a collection agency. The paralegal actually sat there and read every single collection letter to make sure they didn't violate any laws.