Should I sue, or just forget it and get on with life?

[Flatbroke1]

I now have 341, discharge and the 180 day mark behind me. When I was trying to negotiate a settlement, I sent certified letters to Bank of America and Discover, giving them my address, cell phone, efax and email so they could contact me, and I specifically asked them in the letter not to call my work. Well, Zwicker & Associates (Discover) left a message with my employer and I have the email from my employer as evidence, "....a phone call I received for you from a law firm, Zwicker & Associates...." and also FIA/Regent of Houston called my son several times, (kind of ugly with him at least once). I have copies of his phone bills showing the Regent numbers.

Do I have enough for a case? Or should I just be satisfied with the discharge? Would the court or lawyer have to interview the secretary who took the phone call and sent us the email? I still don't want my employer to know.

I will value each opinion from all of you!

[Flamingo]

I am assuming this all took place prior to your filing BK.or shortly thereafter. Most of this depends upon where you sent your letters (directly to B of A or Discover or to their agents) and when they received notice of your filing and whether or not the agents calling you were in receipt of your letter information at the time of the call. You would have a lot to try to prove as to timing/dates and would also have to provide information as to the calls to your workplace. A collections lawyer could clue you in more on whether it is all worth it and if your employer would need to provide information as to the receptionist (since this took place at your work and during work hours, your employer would have to be contacted if they needed to speak to the receptionist). Phone records/calls could not be provided as evidence without the employer's knowledge/consent. If you plan to pursue the matter, I would speak to a collection's attorney for further insight.

[LoadedGuns]

Move on, you got your discharge. If you litigate the matter it will cost much more than you would ever recover, and thats if you even won the suit.

[catleg]

I am inclined to agree with the "get on with your life" crowd.

However you could always see if you can find a lawyer to take it on contingency, in that way, you'll know for sure. If none will take the case, then you know you don't have one. In any event the amount "won" will be trifling.

But really I would just get over it and move on.

[Flatbroke1]

I have a lawyer who would try to get me the $1,000 for each violation, which would be $2,000 since I have 2 documented violations. This would be at no charge to me, the lawyer would collect his "fees" from the collection agency. I could use the $2,000 for an emergency fund, but then I think, I got discharged so maybe just let this go......?

[Flatbroke1]

.

[Flatbroke1]

I found a lawyer who would get me the $1,000 fine for the violation. This would be $2,000 for me since I have documentation to support 2 violations (perhaps 3 violations). The lawyer collects his fees from the collection agencies. I pay nothing, I just give the lawyer the information and "sit back". I could use the money to add to my emergency fund, but on the other hand I think, the BK is behind me and I am discharged. Perhaps I should just forget this and move on......?

(The violations happened in July 2009 and again in October 2009. Which is before my bankruptcy).

[gacreditguy]

I found a lawyer who would get me the $1,000 fine for the violation. This would be $2,000 for me since I have documentation to support 2 violations (perhaps 3 violations). The lawyer collects his fees from the collection agencies. I pay nothing, I just give the lawyer the information and "sit back". I could use the money to add to my emergency fund, but on the other hand I think, the BK is behind me and I am discharged. Perhaps I should just forget this and move on......?

(The violations happened in July 2009 and again in October 2009. Which is before my bankruptcy).

Flatbroke, honetly - if the attorney is offering to do this as you state, then I would go for it. No effort for you and potentially $2k to gain. I would go for it.

You have nothing to lose here my friend.

[flyinbroke]

Not quite. Most lawyers work on contingency...which means they will take a percentage of your win as payment. THey may also get paid by the defending party as well.

As for the multiple offenses, the FDCPA is only per action, not per violation, and the most you can get is $1000. Your state laws may offer more, and there is always the TCPA if they were using autodialers to call cell phones.

[debtprison]

If there's really little risk and effort involved for you I'd say go for it. People doing this sort of thing are one of the only ways to get the scumbags to stop harassing people and breaking the law. Remember they've probably done the same thing or worse to hundreds or thousands of people. It's conceivable that a few lost jobs or even relationships with family members over it. Book 'em Danno!

[WhatMoney]

This would be $2,000 for me since I have documentation to support 2 violations (perhaps 3 violations).

Nope, not unless your attorney is willing to sue them separately for each violation. $1000 per court action, even if you have 100 FDCPA violations on the Defendent.