If you filed pro se, then you'll need to make a very professional letter that a.) tells them that they are in violation of the permanent discharge injunction, and b.) that any further attempt to collect the bill will have you re-open the case and file a motion for sanctions against them. In the letter I would remind them that a Chapter 7 discharge discharges the debtor "from all debt existing prior to the Debtor's filing" (period).
I would include a copy of the discharge itself and remind them that it was a no asset case.
That's about all you can do. You may need to, in fact, reopen the case if they continue to pursue this after you write the very professional letter (and send it certified return receipt).
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Creditor filed against me for old debt
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Creditor filed against me for old debt
in 2012 I had a horse. In 2012 there were many bills for this animal....vets, shoes, etc.
i paid off everyone who billed me for the service for this horse...everyone.
i filed chapter 7 in 2015. Discharged in December 2015. I did list everyone I knew about on the creditor matrix
It was a no asset case...no disbursement.
First, I believe this bill was invented. I have copies of bills from this guy from 2012. I have proof of payment. These bills are for additional service. This is a ferrier (horse shoes). These new bills coming to light now make no sense. There would be no reason to put new shoes on a horse twice in the same week!
Anyway, I told this guy I filed chapter 7 last year, and I was discharged. I gave him the case number and State...he can look it up.
Since this was service delivered at the racetrack...most of these guys are cash only business as they have no permenant address...nowhere to mail this to.
so..yesterday, I get a call from an "attorney" that they will file this week. I told him...this is discharged. He claimed that since I never listed these bills...I still owe. I think this is a dishonest collection agency. They are also threatening the trainer with filing against him for "financial irresponsibility" for not forcing me (owner) to pay my bills. The race track would ban him if they find against him.
So, since I cannot travel to Maryland to defend... do I just try to sent a letter to this attorney threatening them with sanctions? How do I get them to go away? What can I do concerning my old trainer? Protecting his business at the track is important too. Can I include their pressure on him as additional corrersion to force payment from me on a discharged debt? I do not have contact info for that ferrier...only this guy that called me.Tags: None
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