Case has been discharged and American General Still calling!!!

[jessegirl]

Hi All, We were discharged April 09. American General continues to call constantly telling us they want there 3 year old furniture. Now, not for anything but I paid 230.00 per month for like 2 years. I told them the furniture is stained and table is broken and they said so what we will pick it up. I told them fine if you want it I will leave it outside for you to pick up. They say by law I cannot do that. I never signed a reaffirm and they never showed for a 341. Can they continue to harrass me? What A PITA!!!

[NoMoreCards]

I may be wrong here, but I would send them a copy of the discharge, along with a C&D. Send it Return Receipt Requested.

Then, legally they can not call you.

[aljohnson007]

Was it listed as secured or unsecured?

[AngelinaCatHub]

They pull tricks. We found that our TRUSTEE had in hand, NO, NOT OUR LAWYER, but Trustee a reaff for those people. He said he was sent it did we want to sign it. This was at our 341. We told him that we never asked for it and did not want it.

Now unless they contested in your 60 days, attempted to lift your stay, they by default of proper protocol, surrendered their right. All they are doing is harassment as well as breaking the law as you discharge is a statutory injunction. Actually do NOT talk to them particularly over the phone or you may cause an accidental acknowledgment of the loan. 'Hub

[AngelinaCat]

I may be wrong here, but I would send them a copy of the discharge, along with a C&D. Send it Return Receipt Requested.

Then, legally they can not call you.

That is precisely what we did with an old telephone account that had been sold and resold, as well as a medical provider that had sold the debt. One extra recommendation is to certify the mail and have a return receipt put on it. Keep copies of everything in your file.

[jessegirl]

They pull tricks. We found that our TRUSTEE had in hand, NO, NOT OUR LAWYER, but Trustee a reaff for those people. He said he was sent it did we want to sign it. This was at our 341. We told him that we never asked for it and did not want it.

Now unless they contested in your 60 days, attempted to lift your stay, they by default of proper protocol, surrendered their right. All they are doing is harassment as well as breaking the law as you discharge is a statutory injunction. Actually do NOT talk to them particularly over the phone or you may cause an accidental acknowledgment of the loan. 'Hub

These people have never contested or asked us to sign anything. When she called she said that they got permission. She says when you buy the furniture that when you sign there is a statement that says that you have to pay it back no matter what.

I told her if you want come and get it, it will be out in the street. She saysits illegal and I cannot do that. I told them to call my attorney. They have not. But continue to call here atleast 3 - 4 times a week. What PITA'S....

[OhioFiler]

The positive side of this is you are costing them resources and money chasing you for nothing. Keep up the good work! Your fellow debtors thank you!

[Kingxray]

These people have never contested or asked us to sign anything. When she called she said that they got permission. She says when you buy the furniture that when you sign there is a statement that says that you have to pay it back no matter what.

I told her if you want come and get it, it will be out in the street. She saysits illegal and I cannot do that. I told them to call my attorney. They have not. But continue to call here atleast 3 - 4 times a week. What PITA'S....

Will your nightmare ever end? I agree with the above posts, don't aknowledge the debt. Don't offer anything. You are discharged from the debt you owe them, regardless of what you signed when you purchased the furniture. I think they are just trying to scare you. If they truly wanted the furniture, they would have come for it. They are just trying to find a way to scare you into paying after the fact, IMO.

[MrSmithster]

i agree with not talking to them at all. if they call, as soon as you know its them, just hang up. dont explain anything, dont argue, nothing, just hang up. simple as that.

[momisery]

I would just say...dismissed and hang up.

[AngelinaCatHub]

They knowingly are breaking the law. You have an injunction via your bk against such harassment. If you would like to make a bit of money, get one of these shark lawyers who split the proceeds on contingency. What they are doing is a serious infraction. American Gen as I said before, are real scammers. 'Hub

[whipster1]

Agree, you can sue them for violating the discharge. Keep a log of every call they make and get a name/address of "where to send the payment"...

This is easy money for your lawyer and you, around here it is 2500 atty fees to the lawyer and a few K's for you depending on how many times they called after knowing you have been discharged.

[kenshirley]

If it were me I would tell them they had their chance in court and blew it.
And I would also tell them if they call again I will arrange for the federal court system to talk to them next.

[aces67]

I agree with the others. I'd talk to a lawyer they are violating your rights.

[Bell30656]

I may be the only dissenting voice but I don't believe they are violating any laws by pursuing the recovery of the secured but not reaffirmed assets. I think they are within their rights to come pick up the furniture. They are hoping that you will opt to pay them rather than give up the furniture.

Now that the debt is discharged you don't owe them any money any longer, BUT you did agree to surrender the assets in your petition. Remind them that you record all telephone calls to ensure compliance with applicable federal and state civil laws and then tell them that you will not be paying them a dime as the debt is discharged.

They will then huff and puff about coming to get the items... Chances are pretty good that they won't bother coming to get them. Let's not forget that you agreed to pay them when you purchased the furniture and signed a contract. Lucky for you the rules of this wonderful country allowed you to welsh on that original deal and get the debt forgiven. Now they are using the rules to their advantage to try and get something back in the deal. Isn't this game wonderful?