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    Old creditor calling

    Received a call from a collection agency a few days ago representing Spiegal credit card. He wanted me to confirm the last 4 digits of my social and I said if you want to tell me anything send it to my address. This card has to be at least 7 or more years ago. What should I do? I told them we were in bankruptcy and that didnt stop them, they keep calling.
    07-21-2009 filed Chapter 13
    05-02-11 CONVERTED TO CHAPTER 7 :

    09-07-11 DISCHARGED !!!!!!

    #2
    Originally posted by jade73 View Post
    This card has to be at least 7 or more years ago. What should I do? I told them we were in bankruptcy and that didnt stop them, they keep calling.
    The next time this collector calls, give them your bk case number. The collector absolutely *MUST* stop calling then or be in violation of your automatic stay.

    If you haven't already, on Monday call or email your lawyer to let him/her know you are being contacted by this collector who won't stop calling.

    You didn't say if you listed Speigel as a creditor when you filed and how much money is involved in this debt. If you didn't include this debt on your filing papers, then while you're on the phone or emailing, ask your lawyer if the debt is past the statute of limitations in your state. If it isn't, then ask if it makes sense to include this debt now in your plan. If the amount isn't too much, also ask your lawyer if you should just pay them off rather than amending your plan to include them now.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      They wont let me give them my case number. I tried to, he just kept saying "I need you to verify the last 4 digits of your social security number. He was totally not listening to me.
      07-21-2009 filed Chapter 13
      05-02-11 CONVERTED TO CHAPTER 7 :

      09-07-11 DISCHARGED !!!!!!

      Comment


        #4
        Originally posted by jade73 View Post
        They wont let me give them my case number. I tried to, he just kept saying "I need you to verify the last 4 digits of your social security number. He was totally not listening to me.
        If you *DID* include this debt when you filed, then it's time to talk to your lawyer about this scummy collector, and do it as soon as possible. He's violating your automatic stay by continuing to call you. Your lawyer needs to deal with this jerk by sending a threatening letter on your behalf that he will be sued if he continues to contact you in any way.

        Do not give this collector any information. In fact, it's best at this point if you have no further conversations with him. If you can see that it's this collector calling before you answer, just let the phone go to the answering machine. If the ringing drives you crazy, then quietly pick up the receiver and quietly put it back down. Repeat as needed

        However, if you DID *NOT* include this debt when you filed, then the collector can continue to call you because they have never been officially notified by the court that you filed. When you are talking with your lawyer, be sure to get your lawyer's advice what's best to do in this situation.
        Last edited by lrprn; 01-16-2010, 08:56 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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