We filed BK13 about one month ago. Yesterday, one creditor assigned our debt to a certain colletion agency and today they started calling. The collection agency refuses to honor the bankruptcy stay. They claim they were not notified by the court so they do not have to comply. I told them to reverify the debt with the original creditor. They said No. How should I handle these people?
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Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17 -
Give then your attorney's phone #. your attorney should be handling this.12/31/08: Filed for ch 13. (FICO: 605 as of 1/5/09, 648 as of July 2010). 02/11/09: 341 mtg. Plan confirmed for $200 per month for 36 months... (20 down 16 left)
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Tell them that you are going to give them your case number, district and filing date. Then give them your attorney's name and number. Tell them that you are expecting them not to call back as that would be a violation of the BK laws and that your lawyer would pursue any such violations aggressively.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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I agree with what everyone else says. However, after you've given them your attorney's name, then send them a cease and desist letter (here's an sample letter). Make sure you send it certified mail, return receipt. After you send that letter, you'll never hear from them again.Comment
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I gave them my lawyer's name, they claim the debt is not between them and my lawyer but between me and their client. They claim that because they just got the debt and have not been notified of the bankrupty, therefore they don't have to honor the bankruptcy. I think they are retards.Originally posted by screwedupbyRE View PostGolden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17Comment
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Definitely get your attorney and the trustee involved. Write an official letter to all three (1 letter to the debt person) and copy it to the trustee and the attorney. Make sure you include your BK details.
Let them know that for each contact made by them to you they owe you 1000 to be turned over to the trustee.
The trustee should and could sanction them. Go after them!Comment
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Forward your home number to the judge's home phone number. That should fix the problem.
filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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BigJohn, I think you should send that letter that RRockingGramma suggests - to the CA With a copy to the Trustee and the Attorney. Make sure to mention that they have been previously notified (the BK court would have sent the notice to the OC and that is the debt that was sold).
Get those sanctions - even if the $$ goes to the Trustee - we have ALL got to report these violations in order to get them stopped. The CA's count on us being so exhausted from the constant harrassment that we will ignore it. Unless we all put up a fight, it will just continue.
Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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