Violation?

[325Falcon]

I recieved a voice mail message at home today from a secured creditor (credit union). They hold a lien on a car that will be going back and we have not paid in months. This was a real person whom I had spoken with prior to filing.

I know this is a violation of the automatic stay but is there any consequnce for just one call? If so what would it be?

[needafreshstart]

Did they ask for a payment? Did you have a lawyer?

[FreshLikeADaisy]

325, need more info. If the guy just called to say hey puddin, I miss hearing your voice, that is not a violation of the automatic stay. If he called to discuss payment arrangements, yes, that is. There is no consequence to a violation of the automatic stay unless you take action against them. If you did, you would tell your attorney and he would move to have them held in contempt of court, if I am not mistaken.

But you didn't say what the content of the message is. If you indicated you are not going to be keeping the vehicle in your filing, they may have just called to discuss the return of the vehicle, which is NOT a violation. Or maybe he just missed your sweet dulcet tones. in any case, you'll need to call them back if you want to know why he called and it's not in the message.

[AboutToBK13]

Most likely one call is not sufficient to seek recourse. The could easily claim it was a simple error. On the ohter hand, repeated contact and pursuit is a different story.

[325Falcon]

Thanks for the input!! They just left a message asking that I return the call. So I guess no biggie if it does not continue.

Of note is that this credittor has yet to file a motion for relief from the auto stay and they have not been paid since August.