Collections after discharge

[aachudneymiles]

I sure will, I am NOT paying for something that was IIB and discharged. Even to "settle" it and end the letters, I didn't go through all of that to be harassed and give up. I don't care to sue either, I think it's a ridiculous answer to most people's greed but in this case I don't know what else to do. That's exactly why I'm here asking though. I was pretty stern on the phone the 7 times I called as well but it seems they are too damn stupid to understand the statement "I'M NOT PAYING, IT WAS INCLUDED IN MY BANKRUPTCY!"

Ugh, thanks for letting me vent. I sent the letters, we'll see what happens.

Vent all you need too..
It will be over soon.

Good luck

[dpickrn]

I'm sure this is a dumb question. Have you included a copy of your discharge and proof of service to Sprint with your letters? If not, might be worth a shot.

[rilbrianne]

I sure will, I am NOT paying for something that was IIB and discharged. Even to "settle" it and end the letters, I didn't go through all of that to be harassed and give up. I don't care to sue either, I think it's a ridiculous answer to most people's greed but in this case I don't know what else to do. That's exactly why I'm here asking though. I was pretty stern on the phone the 7 times I called as well but it seems they are too damn stupid to understand the statement "I'M NOT PAYING, IT WAS INCLUDED IN MY BANKRUPTCY!"

Ugh, thanks for letting me vent. I sent the letters, we'll see what happens.

[aachudneymiles]

I filed it, it was certainly included in the bankruptcy and is NOT a new debt. The phone company holds the deposit for a year and then sends it back if payments are made on time. Our deposit came back and was credited to the account putting it back in good standing and starting the billing cycle all over again. I called immediately and cancelled the account, told them it was IIB but continue to get bills, now this. A collection agency. I'm going to send a letter out to both, a very strongly worded letter. If I get anything more from them, I will hire an attorney and sue the life out of them both.

Hey girl!!!-- Fight it!! 300 is alot especially when you have included it in a bk and it was discharged. I would send them a letter cert. return reciept include the paper the shows they were served by the courts with last day for objects also maybe a notice to creditors, Also include that strong worded letter. Dont pay a dime.. I also have sprint and you cant call them at all you will be on hold all day and get nothing handled. Find the address to where you would send a complaint. Keep us posted

Good Luck

[bmcmull]

I know it SUCKS, but $300.00. I would just try and settle it and move on, because the only thing worse than a creditor is a ATTY, and lawsuites are full of them.

[FreshLikeADaisy]

....Put it behind you and move on for as little time and money as possible... I can assure that does not involve att's.

*laugh* I'm sure she'd love to do just that, but they're not exactly letting her, are they?

I'm all about not suing -- suing someone is just like marrying your worst enemy -- but if that's what Rilbrianne has to do to put an end to this, unfortunately that's what she has to do. Given that they are continuing post-bk collection activity (and, I would assume, incorrect credit reporting right along with it) and it has gone on for months and months despite her best efforts, that may be the only option she has left to reclaim her fresh start and leave it behind her. They have made it clear that they're not going to go away.

Speaking of which, I love that new Net10 commercial: "No fees, no contracts, no evil."

[bmcmull]

You have very cute children, I myself have three daughters . 2 five years old and one 18 months. The twins are identical . Time for me is very important, unfortunately for us though the creditors know this to, and are out to make a quick buck. Put it behind you and move on for as little time and money as possible... I can assure that does not involve att's.

[bmcmull]

Sounds like a lot of work for the money, I am very tired of this whole ch 13 thing and just want it over. At somepoint in time you have to consider the amount of the money versus your headache, heartache and stress it causes in your life. Even if you sue, that will involve alot of XTA BS in your life for probably another two years before it gets resolved.

[rilbrianne]

I filed it, it was certainly included in the bankruptcy and is NOT a new debt. The phone company holds the deposit for a year and then sends it back if payments are made on time. Our deposit came back and was credited to the account putting it back in good standing and starting the billing cycle all over again. I called immediately and cancelled the account, told them it was IIB but continue to get bills, now this. A collection agency. I'm going to send a letter out to both, a very strongly worded letter. If I get anything more from them, I will hire an attorney and sue the life out of them both.

[bmcmull]

YOu should first check to see if they are charging you for something in the BK. It would not be the first time an atty left something out of the paperwork when they filed the claim. If it is in the BK I would then look to see if it is a new account. Where did they get that deposit from? If it is a new account not the one in the BK you may just have to deal with it. If it is $315.00 settle the account and be on with your life. My guess is you could get them down to $150-200.00. Make sure the settlement includes a statement saying you are settling the original debt and no further actions can be taken . Good luck..

[coma]

The AG is not the BBB. The AG can pursue sanctions it is not about what others think.

[rilbrianne]

I was referred to someone who does litigations, haven't spoken to her yet. I don't want to make a complaint to the AG because I could care less about what people think of them. I just want the letters to stop. I'm sick to death of calling and telling them I'm not paying, that it was included in BK, and now I have to worry that NCO will report to the credit bureau's even though the debt was discharged.

[FreshLikeADaisy]

Rilbrianne, I have had friends (individuals) who have made complaints to the state's AG and been very successful, so don't let that stop you.

The only thing I could add would be that if your first letter did not include a copy of the discharge, and/or was not sent certified, it would be worth sending again, because that notification would be a very certain basis for reopening the bk, if necessary. Also, be sure you have all your communications with them documented (when you called, when they called, who you spoke with, copies of letters, etc) and I think it will be a slam dunk for you if you do end up reopening your bk, because that constitutes an overt and egregious pattern on their part of ignoring the stay AND trying to collect on a legally discharged debt, etc. So another letter would be worth it, just to add another nail to the coffin.

[coma]

I believe the attorney general is for making complaints about a business although I could be very wrong... I'm not sure.
I just emailed a lawyer to get his input and he said there is a reason to reopen the case and address the issue. ?? We'll see what else he says.

That's good. I wonder how much it costs...

I would still file a complaint, because it is a business. They aren't treating you fairly.

[rilbrianne]

I believe the attorney general is for making complaints about a business although I could be very wrong... I'm not sure.
I just emailed a lawyer to get his input and he said there is a reason to reopen the case and address the issue. ?? We'll see what else he says.