penalty for violating automatic stay?

[downsized]

Best Buy....or better yet, HSBC....JERKS!

We filed 6 weeks ago. They just started annoying us. Got several "unknown" calls on the caller id so I finally decided to answer. This was July 3. Gal is from HSBC collections department and wants to inform me of my past due account and would I like to pay by check or debit card over the phone. I told her I wasn't paying anything and that she's in violation of the automatic stay of the BK code since we filed over a month ago. She assures me they wouldn't have called had they been informed, yada, yada, yada. I'm thinking B.S., lady! I told her she couldn't deny knowing because there was a motion filed for us to redeem that debt and we know it went through because we already had an amount and due date for the payoff we settled on. I pass the BK and atty info on and take a note of the call. We're scheduled to see our atty days later where I tell him about the call. He tells me that if they try to collect again, call him. Here it is....10 days after the phone call....and I get THREE different correspondences from Best Buy/HSBC today trying to collect on my acct. One was dated for July 2 and the other 2 were dated after my phone call with HSBC. I have a feeling I haven't heard the last from them. Anyway, I'm calling the atty first thing tomorrow. Just wondering what happens if he pursues this? 4 violations of the automatic stay. Too bad we already dropped off our settlement payment with the atty to pass on to them!

[doingpoorly]

Oh my...I hope they get penalized big time. I will be watching to see what happens. BTW how much did you settle for ? Many have said that they don't come after their stuff, so why did they pick on you ?

[walkthaplank]

Hopefully your attorney is still holding that payment. Perhaps you won't be making it after all

[JRScott]

Well if its taken to court it is 1000 dollars per violation plus court cost and lawyer fees. That's the general penalty.

[BigJohn]

How many of these cases ever go to court?

[StartingOver08]

Here is a good article with case cites for wilful violation of the automatic stay: http://www.usdoj.gov/ust/eo/public_a...cs/stay-02.htm

Here is a case where the damages were much larger than $1000 http://www.thebklawyer.com/thebkblog...damages-award/

Here is a California case where the award was 6 figures: http://www.canb.uscourts.gov/files/k...decAMENDED.pdf

[downsized]

Oh my...I hope they get penalized big time. I will be watching to see what happens. BTW how much did you settle for ? Many have said that they don't come after their stuff, so why did they pick on you ?

We settled for 1/3 of the debt and I think they picked on us because we filed 3 1/2 months after the charge. They may or may not have pursued us more, but we felt guilty about that charge and it makes us sleep better at night knowing they at least got some of the money we borrowed. Until we filed, I had only paid them about $50 and, of course, I stopped paying when we knew we were going to file.

[downsized]

Here is a good article with case cites for wilful violation of the automatic stay: http://www.usdoj.gov/ust/eo/public_a...cs/stay-02.htm

Here is a case where the damages were much larger than $1000 http://www.thebklawyer.com/thebkblog...damages-award/

Here is a California case where the award was 6 figures: http://www.canb.uscourts.gov/files/k...decAMENDED.pdf

Interesting. Thanks for the links.

[kenshirley]

I had one outfit call me right up until the 341 meeting. Even though I informed everyone of the case number right after I filed they still called.
My attorney said at first that they had not received the paperwork yet "within their organization and it takes time to trickle down to the right people".
For almost 5 weeks!
The attorney did nothing that I know of about it. I think the thing that got the collections department's attention as that was the last time they called was that I told them that in two days I would have my 341 meeting and I would bring this matter up to the Trustee at that time.
They never called again.

[IOIOIO]

Well if its taken to court it is 1000 dollars per violation plus court cost and lawyer fees. That's the general penalty.

As I found out when I looked into collecting on all my violations after my discharge, the penalty is $1000 per violator, not per violation. I was advised this by a law office who specializes in suing for and collecting these penalties.

[wipetheslate]

Aren't credit card companies known for trying to guilt people into paying money they don't have to? I read about some going after the relatives of someone (without any assets) that had died! And some people actually pay. It ought to be illegal and punishable with civil and criminal penalties.