Getting Served In Open BK

[hippyguy]

So this past Saturday on our anniversary, I had an early knock on the door. I answered and was served with paperwork from a sleasy Miami collection lawyer on one of my unemployed wifes BOA cards that she hasn't payed on since 2004. It says that we have 25 days to contest. MY question is: are they allowed to do this. We filled joint the middle of Febuary and included BOA in our creditor matrix. We've had our 341 ( declared no asset ). Do I have to respond to this letter or do I just fax it too my lawyer and be done with it. Thanks in advance for any help.

[StartingOver08]

Fax to your attorney right away! He may move to get sanctions against BOA - they can not sue you during your automatic stay.

[hippyguy]

Fax to your attorney right away! He may move to get sanctions against BOA - they can not sue you during your automatic stay.

Sweet, I was hoping someone would say that. I hate collection companies so much they make me sick. Not bad enough they served her but they are trying to collect $16000 on a $5400 balance. Not to metion the firm is all over rip off report for sleasy practices.

[StartingOver08]

I hope you win! They do this because they have gotten away with it for years - if more of us fought back - they would tow the line (maybe). Good luck - go get em!

[shabam]

I hope you win! They do this because they have gotten away with it for years - if more of us fought back - they would tow the line (maybe). Good luck - go get em!

Consumers do have a few rights against CA. Many just don't know about them.

Cases like this is why I am waiting for my debt to go to a CA. As soon as they have the debt, I will file. So it personally affects the CA.

[NoMoreRed]

As was already said....take it to your lawyer. They should not be attempting to collect any debt during your automatic stay. That is a direct violation and they need to have sanctions levied against them.

[kenshirley]

I just went through the same thing with Compass Bank and their Visa.
After I filed they called, but it had just been a few days so they most likely did not know yet.
I tried to give them my BK info and they would not take it and said they would continue to call (they didn't though).
I also sent the information to them at their website.
6 weeks later I get a letter from an attorney hired for collections. Something tells me that that Compass did not tell them about my notification either.
I referred the matter to my attorney and he sent me a copy of the letter he sent to their attorney telling them they were in violation of the court stay.
It's all part of what you have paid your attorney for.

[hippyguy]

Just hand delivered the paperwork to the paralegal, she further verified that the summons was a big fat no no. She was going to reasearch our previous counties database for any judgements we may not know about, as the paperwork has an address my wife hasn't lived at since 2000. What a pain in the rear. I'm the one with the high dollar debt, and so far i'm in the clear claims wise ( knock on wood ). Her debt has been bought and sold to so many different collection companies in the past four years, and now they are starting to climb out of the woodwork. She hasn't even worked in seven months, what do they want blood?