Filed Chap 13 On October Creditors Still Calling/mailing

[tleeburks]

Hello everyone,

We filed our 13 back in October, reviewed the paperwork for accuracy etc, I already have garnishments from my weekly checks but am suddenly getting mail from creditors, banks and received a message on our home phone last night from a payday loan place. The manager said to "Contact me by 6 pm tomorrow or we will be taking you to court". Question, in the past I know creditors could leave messages like that but number one: Can they leave them on a message machine for anyone to hear? and Question number two: Can I turn around and sue them for this? I called them this morning and did not talk to that person but someone else there that I know and they claim they didn't receive anything in the mail from the lawyer. On the 13datacenter.com this creditor is listed and also on my paperwork we signed they were listed. It seems to me as things are going along it is not being done very professional. The trustee has collect money and has only paid for one vehicle, no house payment yet and the other vehicle has not been paid on either. This is something I will have to deal with for 60 months? Hoping that everything gets paid correctly while my vehicles are not getting any newer etc. Its just frustrating. Any comments? Thanks

[bkfiler]

creditors can not call you to collect a debt the minute you file bk. however, it doesnt happen like that. in the meantime, document who called, what time and what you and they said each time it happens. after awhile then you can sue them if they keep it up. they probably wont though once you notify them.

[WhenThePawn]

I'm not sure on laws about who can call when and where they can leave messages, but I just wanted to drop a line and say hang in there! I honestly think some companies call a couple of times after BK is filed to scare you and to try to squeeze out a few additional payments. (For me, that company was Citibank.)

Each time they called or sent a letter after filing--maybe 4 times total--they told us we owed money, but it was always an amount way smaller than the debt. It was very frustrating because each time we mentioned the BK (they were included in all of our paperwork and contacted by the lawyer, too) they said they had no record of receiving anything. When we said we had spoken to so and so about this at their company, that documentation was magically missing, too.

After a few times around, they stopped calling and sending letters. We just stayed firm, refused to send any money, repeated that they were not allowed to ask us for money because we included them on the BK, and then politely gave them our bk # and the # to our lawyer.

They will stop soon! Best of luck.