How to take action? Creditor won't stop calling!

[bluejeans]

Hello all-

Filed BK in Feb. (So Cal Riverside district) Had our 341 in March-few days later Trustee declared no asset no distribution according to my case manager at the Attorney's office.

I need to know who does what here. Portfolio Recovery asswipes keep calling my husband's work cell phone and we have already told them that we have filed BK and whatever else they needed. I know they were listed on the Petition too so they got notification from the court for sure.

They keep calling so I took the phone and told them to delete us from the system and call our attorney. The first caller I spoke to then made up a name and said "I thought I was calling Mr. so and so.. sorry my mistake" and he hung up.
Then we get an immediate call back and my husband didn't answer. Then I took the phone called the number back and demaded that they quit calling us and if they didn't the next time they hear from me would be through our attorney. The lady on the other end then pulls the "We could not have called you- you are not even in our system!' I told her that was funny because I dialed the number that was on the phone from a call we JUST got a minute ago. Figured that would be the end of it but no, they have called at least 3 times since-and now once again today

I'm done dealing with them and want to sue them for willful and ongoing violation of the automatic stay and make some money off of their ignorance and arrogance now especially they keep calling my husband's work phone. Does the letter come from me or does my attorney take care of that?

I have not heard back from my attorney's office and I want to get these jerks to stop calling. Is there some letter that I can send on my own demanding that they stop and pay us for their continued BS? I have searched the forum and google but have yet to find any type of letter that I can use.

Any help would be greatly appreciated. Thank you.

[newbie2]

Hello all-

Filed BK in Feb. (So Cal Riverside district) Had our 341 in March-few days later Trustee declared no asset no distribution according to my case manager at the Attorney's office.

I need to know who does what here. Portfolio Recovery asswipes keep calling my husband's work cell phone and we have already told them that we have filed BK and whatever else they needed. I know they were listed on the Petition too so they got notification from the court for sure.

They keep calling so I took the phone and told them to delete us from the system and call our attorney. The first caller I spoke to then made up a name and said "I thought I was calling Mr. so and so.. sorry my mistake" and he hung up.
Then we get an immediate call back and my husband didn't answer. Then I took the phone called the number back and demaded that they quit calling us and if they didn't the next time they hear from me would be through our attorney. The lady on the other end then pulls the "We could not have called you- you are not even in our system!' I told her that was funny because I dialed the number that was on the phone from a call we JUST got a minute ago. Figured that would be the end of it but no, they have called at least 3 times since-and now once again today

I'm done dealing with them and want to sue them for willful and ongoing violation of the automatic stay and make some money off of their ignorance and arrogance now especially they keep calling my husband's work phone. Does the letter come from me or does my attorney take care of that?

I have not heard back from my attorney's office and I want to get these jerks to stop calling. Is there some letter that I can send on my own demanding that they stop and pay us for their continued BS? I have searched the forum and google but have yet to find any type of letter that I can use.

Any help would be greatly appreciated. Thank you.

I don't know when you called your attorney, but I would only give it another day or two then I would be stopping in to his office.

Make copies of your cell phone bills (if they are detailed) and start keeping a log of when they call.

If your attorney still won't do anything please find a NACA consumer attorney in your area. If Portfolio Recovery persists in these actions I'm sure you won't have a problem finding an attorney who will take handle this on a contingency basis. (You can sue for violating FDCPA rules, and also the BK judge I'm sure would do more than slap their hand)

Please keep good records of those calls and what was said during them.

[bluejeans]

Unfortunately we don't pay that phone bill because it's a company issued cell so the only thing we have is the call history on the phone.

[Nanzee]

Well we are lien-stripping our 2nd through SPS - they at first tried to fight it, than they agreed to it (they had no choice, I suppose). Dealing with them really did suck. They called constantly - that is the single best thing that came out of our filing - stopping all those pricks with the constant phone calls.

[Blueboy]

Unfortunately we don't pay that phone bill because it's a company issued cell so the only thing we have is the call history on the phone.

Have your husband ask for a copy of the call log from his employer, he can tell them that he is receiving harassing phone calls and wants to pursue legal action against the culprit.

[catleg]

On a blackberry, add their number to the address book.
Click on address book with trackball,
Click on annoying creditors phone number entry with the trackball.
Click the menu button, left of trackball, choose Edit (click with trackball)
Click the menu button, choose Add Custom Phone Tune (click with trackball)
Click trackball on tune name, scroll to MUTE.
Click the menu botton, choose Save (click with trackball).

[Coldplay]

When they call, do you tell them that they are violating the Fair debt collection practice act ? If they are recording you then you should get that on record. They are in serious violation. I read about a guy who was spending all his time suing these companies b/c of the FDCPA and getting money from them !

This is what I found at the U.S courts website....

What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.


Source ~ http://www.uscourts.gov/bankruptcyco...e.html#collect

[MrBankruptcy]

If they are continuing to call you or your husband at work especially, this is definitely a violation of the automatic stay. You need to document every single call and who you spoke to. This is a very serious violation of the FDCPA. Have you told the caller that you filed for bankruptcy and gave them your filing number? Usually if you do this they will stop immediately. Many times lately with the courts being buried some creditors slip through the cracks being notified by the court by an incorrect address or something along those lines. Or even another scenario is it went from say Chase Bank to John's collections to Bill's collections etc. and you listed Chase Bank as the creditor the only way the collection agency would be notified is if you told them and gave them your filing number. If you have an attorney, he/she needs to do something about it.

[bluejeans]

Yes I have told them all BK and Atty info but they think the rules don't apply to them for some reason.
Thanks everybody!