Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Really gutsy creditor...

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  • Really gutsy creditor...

    Got a dunning letter from a creditor today threatening legal action on a past due account... which amounts to about $60 for medical equipment, not even that much actually.

    They have been notified of our filing at least 3 times now in the past 4 weeks. They are on the creditor list, and it went to the mailing address THEY told me to send notices to.

    I call today and remind them again and they claim they have no record of it (hah!) but even if they did, they could continue to collect until we send them a notice of discharge. I tried to set them straight and explain the automatic stay, but two different people seemed to think I was the idiot. In fact, one (the 'supervisor') said she didn't appreciate being told how to do her job.

    At this point, I'm fed up with them. How does one who is pro se notify the court of a creditor violating the stay?

  • #2
    Search Google for "Violation of Automatic Stay". You should have, unfortunately, sent some sort of correspondence to the creditor. Best would be certified mail return receipt (keeping the green card as proof) and maybe even by fax (and keeping the fax confirmation).

    You basically Motion for Sanctions and/or Motion for Entry of Order to Show Cause and for Sanctions (depending on your specific District's procedures). Hopefully you know how to write Motion papers and can get through the process.

    It is unfortunate, but I have had to "teach" some creditors as well. I had a similar "supervisor" hang up on me twice and the third time I told her that if she didn't understand bankruptcy, she really needed to put someone else on the line! She complied. I ended up writing their VP and I was offered so many apologies, it was actually quite pathetic. There are collection agencies that just don't care. When I get people like this on the phone, I just tell them that I'll personally ask the judge for an order to show cause and have YOU personally appear and tell the judge why you are not obeying an order of the court.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Yup, I sent them a letter via certified mail and sent a fax copy, too... and guess what? Yet another letter today! It says "We must now make a decision to forward your account to an attorney or collection agency for resolution. And the "dates of service" both clearly list dates that pre-date our filing. I cannot believe how stupid these people are! I received it too late to call them but, is it bad that I'm actually kind laughing the prospect of completely busting them? The total they want from us? $40.26 for two months of service for medical equipment. Man, just getting their corporate attorney to read and review my letter would cost them more than that. I'm comfortable writing up a motion. Plus, I'm pretty good at finding dimilar motions on PACER. We won't get in to my PACER bill. Yikes. Oh, well... money well spent and way, way less than an attorney. But, I don't want to file a motion if I don't want to. I'm going to send one more certified letter with a demand and deadline, otherwise I will file a motion, and I'll be happy doing it.


      • #4
        BTW... interesting note on this one. This creditor specifically notified the BNC about getting notices electronically, so I have an email address, too... and the specific date and time the first notice was sent to them. So, they clearly know what they're doing. My only issue with filing the motion is wondering if I want to deal with the extra expense. In a way, I really do... just to make a point. BUT, any non-341 hearings are held in the main court, which, unfortunately happens to be a 3-hour drive. I'd make the drive... but it's hilarious to me that it's all over a lousy $40.


        • #5
          We've decided to send one more letter, with copies of BK notice, the certificate of filing from the court, copies of each of the dunning letters, etc. We're going to send it to the email address on file with the court, the corporate office address (which they gave me in the first place) as well as the agent for service of process listed in the company's corporate filing. We're going to give them 10 days to acknowledge the stay or file a motion for sanctions. We don't really want to pursue it... but we want to cover all of our bases in case we do file the motion. I'm a principle type of person, and even though they're only asking for $40, a violation of the stay is a violation of the stay and they're arrogance about it really ticks me off. We have too many other issues to deal with than these bozos.


          • #6
            I am principled as well. I would do the same.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


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