Just filed Ch7 and got a Motion To Dismiss from Discover bank

[JasonK94Z]

There has been an attorney working to collect a debt for Discover that my wife has. This guy is relentless and wouldn't ever go away. They attempted to serve papers for her to come to cour multiple times and we never answered the door.

Now today we received a letter from this attorney:


In the Small Claims Court of xxxx County, AL

Discover Bank

vs.

wife

Motion to Dismiss

Comes now the plaintiff by and through its attorney of record and moves this Honorable Court to dismiss this cause of action as to the defendant (wifes name) without prejudice costs taxed as paid.


What the heck does this mean??

[HHM]

Actually, that is a good thing....

You and your wife filed BK...so the creditor's attorney...because of the automatic stay in BK, must cease all collection activity. Thus, he has voluntarily dismissed the case that was pending against your wife in small claims court. That is good.

[Boscoe]

Jason:

Did you file a joint bk with your wife? What day did you file and what day did this Discover thing come?

I have heard others say they are brutal if you owe them money.

If you filed joint, the automatic stay will stop them from doing anything else, court action, lawsuit, judgment, collection, nothing.

[JasonK94Z]

Thanks for the replies!

We filed joint 10/2/07 and this letter was mailed Oct 9th.

[Cassiopeia]

Good for you! Good news!