GUESS what coll/agency told me

[Sickthing]

No offense taken! I did jump the gun in my response to you.
Nerves are frazzled right now.

Let us just take SinkingFast's advice and play nicey nice together, k?

no worries.

[amyl]

good luck. what would the damages be? from what amyl wrote, there are none.



how do you know it's bought paper? they might be a hired 3rd party, collecting on behalf of the oc.



how will they be 'spanked hard?' if amyl didn't dispute the debt withint 30 days of receiving the coll notice, they have every right to continue collection efforts. it's amyl's responsibility to either send the discharge papers, or have her atty contact them. i'm guessing this ca wasn't on the list of creditors and the oc never updated them. if the ca was included, then they shouldn't be contacting anyone at all.

You are right that the debt was not listed in the schedule. However..I disputed this with CRA's and this CA got my updated info and sent letters/called to collect the debt. I responded the next day and faxed over the cease letter that my attrny drafted for me. It explained that it wasn't listed but under the 6th circuit law (Ohio)..it was deemed discharged. In the letter it includes a copy of the discharge and date discharged. This CA is contacting me. 2 CRAs have it coded now as IIB and I am awaiting the response from the other CRA dispute. This makes the 2nd time I disputed with the CRAs, the OC and this CA.

[amyl]

i kinda doubt the letter was nasty. send them a certified letter stating the account was included in your bky, send a copy of the discharge papers, and send them a written cease and desist. you didn't state if they were included in the list of creditors, or if it went to coll after you filed. if it went to the ca AFTER filing, then they can't report on your credit. if it went BEFORE, they can report.

I am posititve the letter is proper..but they way the letter is worded is nasty. I guess that is what CA do.

[amyl]

oh really? and do you know what the courts look for in coll violation cases, to determine damages? you should look *that* up. going by what amyl just wrote, she has no case. not that it's any of your business, but i am aca certified. i think i know enough about the subject. and it's not simply $1000 per violation. maybe you should do some more research and then come back?

DO you work for a collection agency? lol. I am not trying to sue, or to get clarification that I have a case. I was just simply telling people my experience with a CA. If they do not cease on collection because they were notified of IIB (even with their name not being listed in schedule...they recieved the info that under 6th circuit it has to be discharged), and because I have disputed twice with everyone..then I would have a case.

That is not what I am even looking for though. I was just sharing my experience.

[Sickthing]

i understand you were just sharing your story. i think it got confused because we didn't know all of the facts at first. it sounds like you are taking the proper steps and the ca is just being a pain. once they have been notified that the debt is covered in bankruptcy, they are supposed to cease on their own. period. of if they know an attorney is representing you in regards to the debt, they are supposed to cease communication with you and contact the attorney directly. that is why you need to send them a specific letter that says CEASE AND DESIST. they are only allowed to contact you ONCE after a c&d and that can be to notify you: 1. they will c&d, 2. what measures they can take against you or 3. what measures they are going to take against you. in your case, they can't do squat (except report to the cra's). but they can't sue you or garnish wages.

[amyl]

ok thanks. I will be faxing them the info.

[shawnhi77]

Hello Everyone. I am new to the forum. I think the advice about the cease and desist letter is good. Don't waste time suing unless it beocmes much worse. Sometimes it is just better to get on with your life. God's Blessings.

[FilingOnMyOwn]

Hello Everyone. I am new to the forum. I think the advice about the cease and desist letter is good. Don't waste time suing unless it beocmes much worse. Sometimes it is just better to get on with your life. God's Blessings.

Its not a waste of time to sue. Its a noble cause towards the greater good of teaching creditors to play by the rules.

[amyl]

I have enough headache as it is trying to get my credit cleaned up. I wouldn't have the time or energy to sue unless it's something that I know and have full proof and have showed them and they will not fix it. That is what I have happening now...so we will see how it goes