Can I get money back?

[mdo23]

Am I able to collect money back from collection agencies that "bullied" me into makeing payment by threatning to file suit if they were included in a Ch 7?

[BassBoy]

I have moved this to the appropiate section of the forum.

Now, unless you can prove, without a doubt, that the collection agency broke the law, then you'll be barking up the wrong tree.

How much are you talking about? Was this debt/or will this debt be discharged in BK?

[mdo23]

Sorry about posting in the wrong area. Approx. $ 700 and it will be discharged.

[BassBoy]

No problem mdo23.

Anyways, Can you prove that they "bullied" you to pay? Do you have a threatening letter? A recorded phone call?

[mdo23]

No, unfortunately I don't, my first reaction was to get money together I could so I wouldn't be suied.

[BassBoy]

I don't believe any collector can sue you for filing BK, unless you file BK under false pretentenses. But forget about that for the moment.......without a shred of proof, you're probably outta luck. Besides, if the debt will be discharged, then maybe leave it as it stands and let the BK take care of the rest. Consider this a learning experience, and use this knowledge if this situation ever arises again.

[mdo23]

Thanks for the info BassBoy.

[GoingDown]

Collection Agencies prey upon debtors who don't know what they can and cannot do. And unfortunately, most people are stumbling around in the dark when they first encounter problems with debts, and they are afraid of what collection agencies tell them and act out of fear.

They were only using the threat of a lawsuit to scare you into paying and it worked. Even if they had a filed a lawsuit, filing for bk would have stopped the lawsuit from proceeding. And if they already had a judgment before you filed BK, the judgment could have been wiped out by you filing BK.

If there was only one message I could share with the whole world of debtors, it would be this... Never talk to debt collectors. If every debtor in the whole world followed that one rule, most collection agencies would go out of business. The collection industry relies on the fact that the cheapest way to collect any debt is to call a debtor on the telephone and scare them and harass them into paying. If we took that ability away from them, most of them would go out of business.

The simplest way to avoid talking to debt collectors is to get caller I.D., and if you don't recognize the phone number calling you, just wait until they leave a message on your answering machine or voice mail before you decide whether or not to talk to them.

Then, once you find out the name of the collection agency calling you, Google them on the internet to find their mailing address, and then send them a letter by certified mail demanding that they Cease and Desist from calling you on the telephone. This method has worked for me every time so far. All of the calls have stopped.