What to do with creditors that don't stop contacting you?

[chrisandsarah]

I recently asked some questions about my husband's bankruptcy but here is another question. 3 creditors that were listed in the bankruptcy have not stopped sending him mail asking for payments. 1 is from a car that was repossesed (which they repossesed after the filing date) saying how much they sold it for and how much we owe, this was sent to him after discharge. Another creditor is a credit card company that sold his account to a collection agency before discharge, the collection agency sent a collection letter before discharge and also after, and also called several times before the discharge. The 3rd is a credit card company who sold the account to a collection agency after discharge and the collection agency has sent a collection letter. And finally, he had a judgement against him for a loan which is still showing as active when I look it up online. How can I get this to stop? It's as if nothing changed after discharge and everyone is still trying to collect. There must be something I can do to get them to stop. Thanks.

[justbroke]

You need to contact your attorney and forward any correspondence to him. He will straighten this out.
They aren't supposed to be contacting you or attempting to collect the debt.

[chrisandsarah]

My husband filed pro se (I think that's right), he didn't use a lawyer, that's why I was coming here to see if anyone might know what we can do... But thanks for the reply.

[justbroke]

He needs to send a professional letter, including a copy of the Notice of Bankruptcy, and advise them that they are in violation of the automatic stay.

He needs to also warn them that any continued collection attempts will be met with a Order to Show Cause and they will have to appear before the Bankruptcy Court to explain why they shouldn't be sanctioned.

I assume that you're not discharged and closed yet?

If you are discharged (and closed) then they would be violating the Injunction Order.

In any event, send the copy of the Discharge Order and advise them not to contact you anymore. This may make them go away.

[chrisandsarah]

Here is a timeline, I'm sure my paragraph might have been confusing...

May 2008- filed ch. 7
June 2008- 1 car was repossessed
August 2008- 341 meeting
September 2008- calls and letters from collection agencies started coming in
October 9, 2008- discharged
Up until now- still receiving letters from collection agencies, calls have stopped. And also the other car that was not reaffirmed and has not had a payment made since March 2008 is still sitting in the driveway.

I will write up a letter and make copies of the discharge to send to the creditors. Is there something I should or could send to the bankruptcy court as well? I mean I could send the collection agencies 500 letters and they could choose to ignore them all, just like they are ignored the notices from the court... Thanks!

[keepmine]

Try sending the letters first-send 'em CRRR.
If that doesn't put a stop to the contacts, see a few bk lawyers. They may well take the case on a contingency.

[justbroke]

I will write up a letter and make copies of the discharge to send to the creditors. Is there something I should or could send to the bankruptcy court as well? I mean I could send the collection agencies 500 letters and they could choose to ignore them all, just like they are ignored the notices from the court... Thanks!

It's well accepted practice to warn them in writing once. In the letter, you should demand a response within 10 calendar days that they have corrected the matter and consider it closed. That way, you know they received it and they are taking action.

This is what I put at the bottom of one of my more aggressive collectors who wouldn't stop...

Please send within (10) days of the date of this letter, notification that you have addressed the aforementioned issues and that you will refrain from further attempts to collect this debt. If I don’t hear from you within the time allotted, I will ask the Court to enter an Order to Show Cause and have you appear before the Bankruptcy Court.

They immediately (5 days) sent a letter back with all sort of apologies, claiming that they are a "professional" collection agency, and that all attempts will stop forthwith... followed by more apologies!

First, send these letters CERTIFIED with RETURN RECEIPT. Keep these receipts. Mail it. Wait for response.

If no response in 14 days (calendar) and you still get calls / letters. Then you'll have to re-open your case (costs money) to file a Violation of Discharge Injunction and ask for an Order to Show Cause and for Sanctions. (If your case is still open, you need not re-open the case to do this.) You're a pro se filer, so you need to learn all the rules (local and district) about Motions and Orders. In my District, I even have to write my own Orders.

You'll have to decide if it's worth the effort. However, the debt collectors usually go away with a copy of the discharge order.

[chrisandsarah]

Yeah I really just want this to be over and done with! I'm hoping that they will back off with the letter and discharge notice so I won't have the headache of re-opening everything. Thanks for the advice, I really appreciate it!

[soleprop]

This is what I put at the bottom of one of my more aggressive collectors who wouldn't stop...

justbroke - great post! thank you for sharing

[justbroke]

justbroke - great post! thank you for sharing

Thanks... Just giving back to the community!

One day, I'll cover this in my blog.

[StartingOver08]

JustBroke, read your blog...it is great! What a way to turn a negative event into something that is positive for you and your family....congratulations! May all of us learn from you.