What Just Happened?

[exhausted]

This afternoon I get a call from one of our creditors. It was a collection agency for one of my husband's medical debts. Their number was apparently "unknown" to the caller ID, so our Privacy Manager picked up the call. After going through the menu, I was greeted with a very grumpy voice on the other end. The woman on the other end asked to speak to my husband, I told her I was his wife and asked if could I help her. She said she needed him to call her and proceeded to give her name and number. It was only after this that she identified herself as being with a collection agency.

It was then that I told her we filed on July 31. She then got even more angry with me and asked, "So did you already have your 341?" I told her yes. She said that they had not been informed about the bankruptcy. I told her that the original creditor was in fact included in the creditor matrix. She then said, "Have your attorney call me." Before I could get a word out of my mouth, she hung up on me. She did not ask for my attorney's name, phone number, or case number. Did she do something illegal here? I don't know about illegal, but it certainly felt wrong to me.

I guess the reason this is seriously bothering me (with the other ones I haven't given it a second thought after saying that we filed) is because at the time the creditor matrix was filed, this particular debt had not been turned over to the collection agency that called. The only company there was to notify was the original creditor. Is this going to cause problems? Can they dispute the debt now?

EDIT: I doubled checked the matrix to make sure that the OC were in fact on there. I was mistaken; the original creditor AND their collection agency were both included on the matrix. Perhaps I should have double checked before making my post. I thought the CA hadn't contacted us at the time of filing. Now that I think about it, I think I did get that first notice from them just days before I gave the attorney the creditor info. Anyway.... so I guess that changes things as to my second question.

[justbroke]

Don't worry. If you included the original creditor, and the original creditor subsequently sold it... then that's the new assignee's problem.

Hopefully, they stop calling you because NOW you've told them that you filed Bankruptcy. They are now precluded by the Automatic Stay from "attempting to collect the debt". They can get in serious trouble for this.

Some of these creditors have no clue, it seems, how serious the Automatic Stay is. I actually argued with a person on the phone over having had filed. I told her "you need to listen to me very carefully". She then started screaming and telling me that I needed to listen to her! I then told her "I filed Bankruptcy. If you don't know how to deal with that, put someone on the phone who is rational and knows how to handle Bankruptcies." She continued to yell at me, telling me they were going to sue me!!! I calmly, again, stated that she needed to get someone who can deal with Bankruptcies. She then pretends to put someone else on the phone... it's still her. Then tries to pretend she's a supervisor.

I called the Vice President of operations for that collection agency and gave him an earful. They haven't called me back.

As soon as you tell them you filed, they are precluded from attempting to collect. If they keep harassing you on the phone and try to collect the debt still after you told them you filed... sounds like your lawyer needs to either read them the riot act, and/or file a Violation of Automatic Stay and Motion for Sanctions.

I just want to hear ONCE that they companies have been spanked and Sanctioned!

[justbroke]

(After your edit, I'll add this)

They willfully violated the Automatic Stay. have your lawyer prepare a Violation of Automatic Stay and Motion to Sanction. That should wake them up!

[exhausted]

She then pretends to put someone else on the phone... it's still her. Then tries to pretend she's a supervisor.

I wouldn't have known whether to be insulted or to just laugh at her.

Thanks for your reply. I called my attorney's office and spoke to his paralegal. She told me not to worry about it. When I told her that the lady from the CA wanted the attorney to call her, the paralegal kind of chuckled. She said that isn't how it works, and if they needed to speak to the attorney the CA is to call them. She said it sounded like the CA lady didn't know what she was doing, and they (the attorney's office) weren't going to do her job for her. She also informed me that the lady from the CA shouldn't have asked me any questions other than my attorney's name, number and case number. Beyond that, I'm under no obligation to answer any questions.

A couple of weeks ago I had a different collector ask me if I had paid the retainer fee to the attorney. I wasn't sure how I was supposed to answer that, so I told her I didn't see how that was any of her business. She said it was because if we hadn't paid the retainer, then the attorney couldn't file. I'm pretty sure she is right, but this was after I had already told her twice that we filed on July 31, so I still don't get why she asked that.

As for filing a Violation of Automatic Stay, the paralegal didn't say anything about it. If they call again, I will push the issue.

[BigJohn]

Collection people are some of the worst of the low life people in my opinion. I had one woman call me early every morning, this was back in the late 90's. She would even go to the point and tell me why don't I go and kill myself. The day came when I told her to stop calling me early in the morning and to stop using profanity. Sure enough like clock work, she called early the next morning. I acknowleged her call and told her this was it and hung up. I would say it was about 1/2 hour later, I was at her office building, was inside the building demanding to speak to the head manager. Needless to say, she never called me again.

[GoingDown]

Collection people are some of the worst of the low life people in my opinion. I had one woman call me early every morning, this was back in the late 90's. She would even go to the point and tell me why don't I go and kill myself. The day came when I told her to stop calling me early in the morning and to stop using profanity. Sure enough like clock work, she called early the next morning. I acknowleged her call and told her this was it and hung up. I would say it was about 1/2 hour later, I was at her office building, was inside the building demanding to speak to the head manager. Needless to say, she never called me again.

Wow! I've only had one collection agency that was actually within easy driving distance of me. I went to their office and handed them copies of tapes from their collectors calling me and violating the FDCPA. I never heard from them again.

With the out of state collection agencies that continue to call even after I mail them a cease and desist communications letter (they are RARE), I copy the tapes onto a CD and send them a CD of their calls to me and indicate that I will be turning copies of these calls over to the Arizona Attorney General's office, and suddenly they stop calling.

[fltoo]

One of my business associates is also going through a BK. Been a rough two years for a lot of my friends who had small businesses.

Anyway, a creditor called her and said that he sees she has been making her car payment on time every month. He suggested that she call her car loan lender and ask to skip a month on the car payment and then send the money to him.

She replied, "Brilliant idea, I will call you as soon as I do that" and hung up. LOL