Just got a collection letter during auto stay?

[Danielle1981]

From someone who received notice of my bankruptcy filling and they are still sending letters. not only that I have a cell phone that I never check and I checked it and the box was full since July 20th....all from them. They received notice on the 18th. Now what?

[lrprn]

From someone who received notice of my bankruptcy filling and they are still sending letters. not only that I have a cell phone that I never check and I checked it and the box was full since July 20th....all from them. They received notice on the 18th. Now what?

Sometimes it takes a few weeks for the notice to wind its way through the creditor's financial layers to reach the billing area. We waited one month - by then all our creditor contact had stopped. Double-check your paperwork to confirm that this creditor was indeed notified and at the correct address.

Since it hasn't been a month since you filed, wait another two weeks. If this creditor is still contacting you, ask your lawyer to send them a letter (or if you filed pro se, send them a registered letter yourself) informing them they are in violation of your bk's automatic stay and you will pursue legal action against them if they persist. That should do the trick.

Good luck and enjoy the peace of no more cell phone and letter harassment!

[Danielle1981]

Alright the deal is they did receive notice on the 18th. At which point I contacted them because I got a letter on the 24th for this. They said we're sorry should not be a problem. Now I get another letter from them again on Saturday the 5th. And this letter is from after I contacted them on the 24th. It's dated the 1st of August.

[JeepMom]

PM Nascarfan, I'm sure he can direct you where to go with this issue. You may want to stop posting about it from what I understand. (Not being rude, just for your own bennifit if you pursue anything later)

[Danielle1981]

PM Nascarfan, I'm sure he can direct you where to go with this issue. You may want to stop posting about it from what I understand. (Not being rude, just for your own bennifit if you pursue anything later)

What's the issue with asking about it? What are the reprecussions? I mean there's lots of people here and they all ask questions but I'm wondering what exact reprecussions there are? What should I be watching out for?

[Danielle1981]

Sounds like you are involving a personal conflict and confusing it with my thread. Please refrain from doing so.

Secondly, when a letter states that if I do not respond they will be taking me to court and garnishing my wages.....should I wait until I don't see part of my check to start dealing with the problem? I'm certainly not about to sit back while somebody (in this case a bill collector) runs all over me and I'm holding the short end of the stick.

[djk]

if I was in your situation I would hand write (print) on the face of any letters
of collection the petition number (notify once again of petition)and either:

copy & send copy certified mail (keep record of certified post)
AND/OR
scan and fax (request fax receipt)
scan and email (request email receipt)

you need to do something that documents the fact that you notified the
creditor of the issue.

*I just read some more of your case and learned you have a lawyer. Request
your lawywer to send notice to the creditor *as well as* doing it yourself.
Keep all the bases covered.*

[Danielle1981]

The lawyer sent a request and I will send one myself just to have my bases covered. That's a good idea. I did call them and let them know but I'm going to fax them a letter that way I have the fax cover sheet as proof of what was sent to them.

[Minnymouth]

Also be sure to keep the envelopes from the letters that you receive - that have a dated postmark on them of when they mailed it too you (very helpfull).....

A member (Jeep Mom) was concerned about you posting too much information on the forum and it coming back to haunt you should you pursue a lawsuit.

As long as you mention no names, cities, etc I forsee no problem talking about things. The other member was probably afraid that if you said TOO MUCH, that it let a reader know who you are......... doubt that though.....
too many states, too many posters to be easy to pin-point one individual......

My case is really involved, also will involve law suits, and I have posted a lot of info about it......... but I'm not concerned about any information that I posted - "biting me in the A##".........

Keep us posted..............