Discharged but Wells Fargo still calling about furniture

[ccsjoe]

I agree with IBroke, let them call again.

Couple points I want to put out though. To my understanding, the discharge eliminated their ability to collect the monetary debt. The discharge did not remove the security interest they had in the goods financed. So they are violating the discharge IF they are seeking to collect on the actual loan from you, however they can go through the legal motions to seek repossession of the goods.

Now, for the practical side. Lots of legal wrangling and spending to go get used goods that would fetch, what, a few hundred $$ at a garage sale at best?

They want your money, not the furniture.

[chriselle]

if you listed them in your petition, during the bankruptcy process, they should have threaten you with an AP, that they can contest. But if you have been discharged and they did not file an AP, too bad. They are in violation.

[tobee43]

So I should call them back and not just ignore the call?

i would call them back immediately and let them know you will be contacting your atty and filing a complaint against them.

a debtor which is YOU, that is harassed over discharged debts after the entry of the final discharged bankruptcy court, can and should either file a motion for a contempt order, or an adversary action.

while your on the phone remind them of the FTC....and let them know you'll be filing a complaint with them and they will get fines that will far out way the value of the furniture that your dog peed on. (tell them the dog did it twice...just for the fun of it).

end of story....i hate these terrible people trying to scam!!!


you are fine...you do not have to pay them or turn in the furniture provided it was listed and discharged on your bk.

[itsdavetime]

I keep receiving the calls from the liquidation company, telling me that Wells Fargo has asked them to obtain the furniture. I asked if they have any court documents and they do not.
The list of pieces of furniture they want to collect contains everything I purchased from City Furniture, even items that weren't even purchased with the Wells Fargo card (but in the same transaction). I said that since they have no documents and that Wells Fargo did not file any claims during the bankruptcy, I will not give anything up. They said they would have Wells Fargo contact me.

How should I proceed with this? I filed pro se and was discharged about 3 weeks ago. Should I hire a lawyer at this point?

[df04527]

I would wait them out and see if Wells Fargo contacts you. My bet is they won't. If you hear from Wells Fargo - different story then but for now i just don't think you will hear from them. They are just trying to strong arm you.

[tcreegan]

Hi itsdavetime,

You said the magic word: discharged !

Send the liquidation company a copy of the bankruptcy notice w/ case # and filing date. Include a nice letter explaining that the deadline for creditor claims or objections has passed, and attempting to collect either cash or the furniture is a violation of the discharge injunction and if they persist, they will be liable for damages and legal fees.

After that, document every contact. If they persist, run the documentation past your attorney to see if you want to go back to the BK court and collect damages + legal fees.

I'll bet the letter does the trick,

Tom in Colo

[itsdavetime]

Keep getting phone calls after discharge

I've received two more calls now, from the liquidation company, telling me that Wells Fargo wants them to come collect the furniture. They have no court paperwork, nor objected to any of the bankruptcy filings before it was discharged (been discharged for a few months now).

The company that keeps calling is Global Services Agency out of Cleveland Ohio, on behalf of Wells Fargo. I'm in Florida. Any suggestions on how I should handle this? I filed pro se.
Are they violating any bankruptcy laws by continuously calling me after discharge?

[biotechsolution]

It's not a violation because the furniture was 'secured' by using the wells fargo card. In theory it's the same has an auto purchase.
You can't keep a car after filing even though the debt was discharged.

But I would tell Global Services Agency not to contact you again if Wells Fargo wants the furniture tell them to contact you directly for pickup.

Do they ask for a settlement? Not to actually pick-up the furniture?

You may want to call Wells Fargo directly and inform them that this company if harrassing you with phone calls and you will hold them responsible.

[mrskal]

Are you sure that is the name of the company, I can't find any info on that name online. Sounds alomost like a collection agency, but what do I know LOL

[redcouch]

itsmedave, they (Global Services Agency) are calling me as well! They have kind of slowed down, haven't called in a week or two. I have also been sent 2 letters from them. I looked them up online, but there is very little information. The lady who called made it very clear she was calling as a rep. for a "liquidation agency" not a collection agency. It's a very similar situation, They are an affilaite of Wells Fargo and want the furniture. Please keep me updated on your situation, if you don't mind.

[AngelinaCat]

Should I call them back or just wait and see if they call again?

Send them a letter, certified mail, return receipt, telling them that their debt was discharged, and that they are breaking Federal law by continuing to harass you and that you will go to the proper authorities if they do not stop. Send a copy of your Discharge Order with it, along with a copy of the specific law. The citation is there in your Discharge Order. Send a courtesy copy of all of this to your trustee. And as I said earlier, send it certified mail with return receipt. You will want to have that signed card in your file.

Good luck!

[Chowder]

....the discharge eliminated their ability to collect the monetary debt. The discharge did not remove the security interest they had in the goods financed. So they are violating the discharge IF they are seeking to collect on the actual loan from you, however they can go through the legal motions to seek repossession of the goods.

Spot on assessment.

Their inquiries must be limited to merchandise retrieval. They are not allowed to seek payment or settlement of any kind.