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What to do about a stay violation?

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    #1

    What to do about a stay violation?

    I have had a debt collector/law firm contacting my home for the past five months. They have recieved a bankruptcy letter from the court back in Sept. and I had also called them. Yet they still call several times a week. No money had been exchanged but we had been trying to set up an arrangement, before we had realized they should not be doing this. My bankruptcy was recently discharged.

    I know the automatic stay should have protected both I and my codebtors.

    Since I know they violated the automatic stay, what do I do about it,what are my rights?

    Do I file a complaint with the FTC and/or call a lawyer?
    Tags: None
    #2
    If they were listed on your petition, then they shouldn't be contacting you. It is possible though that the BK documents are not on any file and that could be the reason for the calls. If you are POSITIVE that they received the BK documents and your petition clearly states they were included, then I would make sure they know this. If they've been calling a lot and you haven't been in touch with your lawyer, if you hired on to handle your case, then if they call again, ask for the supervisor or manager and explain the situation with them. I don't know if your willingness to repay this debt has hurt your chances of getting them to leave you alone or not. Just don't mention that to them. In any case, if you have your petition and discharge, then send it to them certified mail and contact your lawyer and inform them of what's been going on. BTW, now that you're discharged, there is no automatic stay in place. The automatic stay ceases to exist when you're discharged. It's the discharge of debt that protects you. I mention this because you shouldn't say, "The automatic stay protects me."

    Your lawyer should be handling this from this point forward, so it's important to inform them of everything.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment

      #3
      Originally posted by BassBoy View Post
      If they were listed on your petition, then they shouldn't be contacting you. It is possible though that the BK documents are not on any file and that could be the reason for the calls. If you are POSITIVE that they received the BK documents and your petition clearly states they were included, then I would make sure they know this. If they've been calling a lot and you haven't been in touch with your lawyer, if you hired on to handle your case, then if they call again, ask for the supervisor or manager and explain the situation with them. I don't know if your willingness to repay this debt has hurt your chances of getting them to leave you alone or not. Just don't mention that to them. In any case, if you have your petition and discharge, then send it to them certified mail and contact your lawyer and inform them of what's been going on. BTW, now that you're discharged, there is no automatic stay in place. The automatic stay ceases to exist when you're discharged. It's the discharge of debt that protects you. I mention this because you shouldn't say, "The automatic stay protects me."

      Your lawyer should be handling this from this point forward, so it's important to inform them of everything.
      Ditto on everything BassBoy said...however If you were pro-se for your BK you may want to contact a consumer rights attorney or check out some sites like:

      http://www.naca.net/

      http://www.debtorboards.com/index.php

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