Violation of FDCPA? Maybe?

[Resigned2BK]

We filed on the 10th. Lawsuit paperwork just arrived in the regular non-certified mail today (13th) from a lawyer collection firm that is local. There is a case number written into the pages (not printed ? ) and it shows a filing date for that as January 9, one day before filing but the postmark on the envelope says January 12th AND it looks like a postmark off one of those postage services like Pitney Bowes rather than a postmark made at a post office.

The filing date isn't a violation, but wouldn't mailing it 2 days after filing (assuming the airhead paralegal did contact them the 10th or 11th with our case number!) be a violation since anything like that should go to our atty instead? Not to mention it should be dropped since the BK will overrule it anyhow? These particular guys are bad news and I'd dearly love to see something done about them as they were pulling stunts last summer like looking up DH's vehicle record with the county, they've been the only one to send jump-out-of-the-bushes style summoners even though we ALWAYS answer our door, and our atty seemed to think these guys are sharks that tend to get away with whatever because somehow they can (or so it sounded from the conversation DH had with our atty after the 1st summons last summer). Even our atty telling DH to park the car in the garage because repo guys can't nab it even though we owe zero money on either car. Our atty sounds like he acts more often as a lawyer collector than a BK atty, so he might know what he's talking about.

Sorry if that sounded confusing.

Of course we get this after business hours on a Friday and we won't know anything from our atty until probably Monday afternoon -- if he's going to let us know what the deal is and not just dodge questions for a few days.

[Resigned2BK]

One extra thing: turns out the last page is a declaration filed with the court system that it was mailed out to us on the 12th at 5 PM. We're really hoping they have just hoisted themselves up by their own petards.

[newbie2]

Since it is only a day (or two) that you are talking about, I highly doubt it is a violation of anything. They probably had not received notice yet of your filing. Now if the suit was filed a month or so after you filed, and you could prove that they did indeed receive notice of your filing, then that is a different matter entirely.

[despritfreya]

Yes it's a violation, not of the FDCPA but of the bk's Automatic Stay 11 USC 362. Will you get sanctions? NO. No Judge is going to sanction the mailing of some document two days after the case is filed. If collection attempts outside the context of the bk continue that may be a different story.

Des.

[AngelinaCatHub]

Yes it's a violation, not of the FDCPA but of the bk's Automatic Stay 11 USC 362. Will you get sanctions? NO. No Judge is going to sanction the mailing of some document two days after the case is filed. If collection attempts outside the context of the bk continue that may be a different story.

Des.

I agree as you have to give the post office at least 3 to 5 days (as they are cutting service grossly). Most likely they did not get a copy of the Matrix and if not notified IMHO they have not violated something they have not been informed about. Technically they did by date, but in reality, they cannot read minds, or foretell the future. 'Hub

P.S. Not disagreeing with Des, but you still have to be realistic. If they contact again, then ya got 'im.

[tobee43]

i agree with the other posters. you filed on the 10th they may not have or did not confirm your filing date. aka...crossing in the mail.

if they continue then you have an issue with them, most likely they will not.

best of luck!

[Resigned2BK]

So it's really down to whether the airhead paralegal called them or just simply snail-mailed them, the latter giving them deniability of knowing about anything? That really sucks. These guys are truly the scum of the earth. When you look up complaints against them, they are notorious at bleeding people dry who fall for their game and pay anything. One poor woman was contacted regarding her son's defaulted debt of $7K and they were still insisting she owed after she'd paid out $23K to them trying to get that debt cleared. And other people have similar stories of them not clearing debt, just manufacturing extra charges whenever pay offs come in.

I suppose at least we cost that scum around $2K between the PI they had tailing DH for a day or so and their $200+ filing fee and whatever hourly pay to the collections personnel. Would dearly love to see that kind of collector lose more money though!

[Resigned2BK]

Oh, I should ask, will that lawsuit just be dismissed or cancelled or whatever it's called? The court appearance is 17 months away!