Junk Debt Collectors

[watsonngt]

I've recently filed for Ch. 7 in Dec. Had 341 meeting....now just waiting it out. I received a call yesterday from a company call Mercantile Bureau saying that I needed to call back in RE: to a pending lawsuit. After doing some research on the internet I found out that it's a junk debt collection agency. I guess my question is two fold; 1. Can I be sued while filing for bankruptcy and 2. when I talk with this collection agency should I mention that I've filed for bankruptcy? Any help or advise would be great.

Thanks,
Nick

[CATCHMEIFYOUCAN]

You should send them your lawyers information, avoid talking to them. YOU DID include them in your BK ????

Best Wishes, Catchmeifyoucan

[watsonngt]

that's the thing....they did not say who they were calling on behalf. The other part of this is that I filed pro se. So no lawyer, just me. Any advise?

[SinkingFast]

Call them back. Be nice. Tell them you filed Ch 7/13 BK on thus and so date. Case number so and so in whatever Court. North/South/East/West/Central District of your State.

They won't hang on the phone too long with you after that bit of info.

Been there, done that!

[HHM]

Even though it is generally not a good idea to call them back, I would suggest you do so.

They are required to identify themselves, so you will want to ask for their information, if they balk, mess with them and tell them you need an address so you can send them a payment In any event, once you get that information, inform them that you filed for BK, give them your case number, the date you filed, and the name and phone number of your attorney. While your giving them this information, don't let them interrupt you, just keep talking over the other person.

If you are successful in getting some contact info, simply mail them a copy of the Bankruptcy Notice.

[onlineuse]

Here's my advice, send them immediately via USPS Certified Mail, return receipt, a copy of your filing papers. I'd keep it short and sweet, just send it out immediately. This way you have proof they knew, if they sue you or put it on your report you have recourse.

After we were discharged - and after reading so many horror stories, I went ahead and sent out a copy of the discharge papers to every single collection agency that appeared anywhere in our CRA reports, including some of the biggest. I did this along with a letter announcing discharge and worded it as notification that any action by "xyz" agency would be a direct violation of the permanent injunction.

I'm doing this mainly so I can pin any of them to the wall if they come back in 4 years trying to collect a debt from Joe's Bowling Shoes. This way they were made aware of the filing and I can prove via USPS receipt they were made aware and acted maliciously.

I did the same for credit cards sold during the process or just prior.

I've send copies of all the receipts to my lawyer who's kept them on file. It's cost almost $100 but I have a hunch it will be worth it.