Anyone been successful in collection on an Automatic Stay Violation?

[lookingforward]

So there is this particular pathology group that is, how shall I put it, a pain in the you know where. I have been going round and round with them since 2018 about these charges, literally dozens and dozens of 5, 7, 10, 12 dollar charges that they send in to my insurance company every time my husband has lab work done. They claim that for every lab test he has done their doctor issues a report. (HA) No such reports exist in his medical records and the office can not supply them. Anyway, our insurance company refuses to pay these and the EOBs they send us and the pathology group state we do not owe these charges. They have been billing me a total of over 1500.00 now for a while. I call and send letters with copies of the EOBs showing we don't owe them. When I call they are so rude. So, so rude. Just nasty rude. So they were included in Chapter 7. They got notified. They are on the paperwork as being notified. We filed in November, and last week they sent me another "Pay Now" letter. So today I sent a certified letter with copies of everything from the bankruptcy court showing they were notified and when, and also our discharge which happened yesterday, along with a letter summarizing everything and their latest statement. If they stay true to form, they will ignore this and send me more bills.

So what are the chances of getting paid from this if they continue? Has anyone been successful with this? It's getting personal at this point, which I know is bad, but I would really like to make them pay.

[justbroke]

I have been extremely successful where a.) it's not a technical violation, and b.) you have sent a letter via certified mail return receipt (CMRR) warning them that they are violating the say. I usually include in my CMRR letter that should I receive another bill or demand for payment within 10 days of the mailing of the letter (3 days for delivery + 7 days for them to act), then I will ask for leave of the court for an entry of order to show cause and for sanctions.

So, for right now you likely have zero changes of getting sanctions as you just more formally warned them.

If they continue after that period -- 10 days -- then I have brought a motion for an entry to show cause and for sanctions. I have been successful in all but one of the several that I have sought sanctions.

The main issue with getting sanctions is that you must show that you 'actual' damages. Some courts will award damages of $1,000 per letter mailed in violation of the stay (after they have been notified in a writing to stop). Others want you to show actual damages which could include emotional distress (although more complicated to 'prove').

I have been quite successful with the letter and getting creditors to stop. Those that did not stop were before the court in a show cause hearing. I have done this as both a complaint, via the adversary proceeding method, and as a contest matter under a motion.