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**AlmostAmos** · 10-21-2010, 07:21 AM

I would cut ALL contact with the nut. He is spewing garbage to try to get you to slip up. He is NOT allowed to contact you now that you have filed. Let him contact the court, they'll tell him to pound sand.

**DebtEnder** · 10-21-2010, 07:21 AM

Since your Pro-se he can contact you regarding filing an AP in an effort to get that debt declared non-discharged. However that cost a good amount of money to file and a serious paper trail to hold up. How long ago did you get the loan, and for roughly how much?

However tbh he should have an attorney contact you, not himself personally. He is doing nothing but making threats, he wants his debt to be repaid, then he has to prove his case. Tell him to file an adversary proceeding with the court and have fun. But be warned if you got the loan and then within a few months filed BK, then this would be a bad thing. However he still has to file an objection via AP, just calling up the TT hardly counts. TT hear sob stories from small time creditors all the time i'm sure. He probably would call the panel TT, not the UST which is the only one that would care at all.

**tobee43** · 10-21-2010, 07:30 AM

Originally posted by DebtZombie View Post

question on a collector contacting me after he was notified of my BK when I, as a courtesy, sent them a copy of the BK notice to halt collection

this guy, a VP, keeps emailing me accusing me of falsley signing docs for a loan when I agreed when i signed it to NOT file BK.

Well, i wasnt planning on it when i signed the thing, but life happens and I ended up having to file an emerg petition that weekend, pro se. So no lawyer was involved.

He's now threatening in email to talk to the courts this week

His comments:

1)accused me of hiring an attorney BEFORE i signed the loan ( I am pro se)
2) accused me of using the funds to pay the filing fee(not true, i am on an installment plan)
3) his quote: We are well within our rights to contest this and possible get the entire proceedings thrown out of court.
4) his quote: We need to hear back from you on this matter to avoid having this matter turned over to our attorneys.
5) his quote: We will be contact the courts this week to explain what happened and how you acknowledged that you were not planning to file bankruptcy then did. You misrepresented your intentions with us.

i have emailed him back a few times,sparsely giving him info,telling him :
"I filed a pro-se Emergency Petition with the court in October due to extenuating circumstances.
Please hold all collection activity on my account, per US bankruptcy code."

Should I try to explain my personal business to this VP or is he trying to get me to just admit something? Which is better.... work with the angry ones in hopes they wont contest it, or just let them know to respect the code and not attempt to collect the debt during the stay? or say nothing?

ahhhhhhhhh debt........PLEASE don't let these people do this to you...

you have put to much time already into this situation and it's painful and stressful and useless.

this FAKE VP...(vp's don't make calls unless they are a vp of a one man operation).......is in violation of the FTC....tell him you are filing a complaint today and hope that is company will be fined tons of bucks...tell him you will file a complaint EVERY call and it will keep building up the fines.

also tell him that you will be contacting your atty to file a motion of harassment because since you file there is a stay in effect, which he and his company is in violation of.

please please...i understand this is hard to ignore....but it's either that or you will stress yourself to no end.

i would pick up the phone one more time and tell him the above along with reading to him from one of the below listed sites...we'll fix his butt...

Fair Debt Collection Practices Act

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

The Fair Debt Collection Practices Act spells out rights and responsibilities when collecting debts. Here's where you can find the complete text of the law.

Debt Collection FAQs

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Is a debt collector calling? What can you do? What are your rights? The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions about your rights.

**DebtZombie** · 10-21-2010, 07:30 AM

It was a week before the loan, only $299. BUT....... that week I got hit with a huge garnishment letter to start the following week and court fees i had to pay to respond to a bologna pending $8000 lawsuit.

Now I wouldnt have paid the $92 in court fees to rebutt the collection if I was planning on filing the BK would I?

I thought I would be able to to work out a deal with the garnishing party, but that didn't happen. then I thought a loan would help me out of the crunch to at least get by.

then, lol........My heater in my car went.

I decided BK was the only way to survive at the time.

so.......as you can see, if I was asked about why i filed within a week of taking the loan out, I have plenty to say.

I am gonna NOT respond at all.

**DebtZombie** · 10-21-2010, 07:33 AM

ok, i posted same time as tobee43.

This was all done by email, so do I copy and paste what tobee said?

do i actually file a complaint?

hahahahahaha

**DebtEnder** · 10-21-2010, 07:47 AM

Getting a loan right before filing BK is going to be a red flag, however for such a small amount and it sounds like it was used to needed living expenses. If he wants to file a complaint then he needs to go to the court with it. For that amount of cash he really should suck it up as cost of doing business. You can't sign away your rights to BK on a loan anyways so I did get a chuckle from that bit.

All you need to tell him as you are pro-se is send you a copy of the objection filed with the court once done. Any other contact is violation of the stay and attempt at collecting debt after filing.

**wnguyen** · 10-21-2010, 09:56 AM

Originally posted by tobee43 View Post

ahhhhhhhhh debt........PLEASE don't let these people do this to you...

you have put to much time already into this situation and it's painful and stressful and useless.

this FAKE VP...(vp's don't make calls unless they are a vp of a one man operation).......is in violation of the FTC....tell him you are filing a complaint today and hope that is company will be fined tons of bucks...tell him you will file a complaint EVERY call and it will keep building up the fines.

also tell him that you will be contacting your atty to file a motion of harassment because since you file there is a stay in effect, which he and his company is in violation of.

please please...i understand this is hard to ignore....but it's either that or you will stress yourself to no end.

i would pick up the phone one more time and tell him the above along with reading to him from one of the below listed sites...we'll fix his butt...

Fair Debt Collection Practices Act

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

The Fair Debt Collection Practices Act spells out rights and responsibilities when collecting debts. Here's where you can find the complete text of the law.

http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm

tobee

You cracked me up

LOL

**DebtZombie** · 10-21-2010, 10:19 AM

Ok, I emailed him and said:

Please send me a copy of the objection your lawyer files with the court once completed. Your attempt at collecting a debt after my filing, has both you and your company in violation of the stay, section 362(a) of the Bankruptcy Code. These multiple violations of the stay may be actionable pursuant to 362(h) or as contempt of court and punishable accordingly.

Trust me, I am saving all these emails back and forth, he dont know who he's messing with!

(okok, i only say that cause you all got my back hahahaha)

**ccsjoe** · 10-21-2010, 10:25 AM

I'm clapping, I'm clapping.

**tcreegan** · 10-22-2010, 11:30 PM

You rock DZ, that is an awesome reply!

Tom in Colo

**Fallonedward** · 10-23-2010, 05:00 AM

DZ, I think your fake VP will vanish into the air once he knows he is in the wrong

**dumpinmydebt** · 10-23-2010, 05:06 AM

GET HIM!!!

I dare someone try to collect on me. Seriously. I DARE them.

**tobee43** · 10-23-2010, 05:09 AM

Originally posted by DebtZombie View Post

ok, i posted same time as tobee43.

This was all done by email, so do I copy and paste what tobee said?

do i actually file a complaint?

hahahahahaha

LOL! yeap....

**tobee43** · 10-23-2010, 05:11 AM

Originally posted by wnguyen View Post

tobee

You cracked me up

LOL

as LONG as we can fix the crack...and it's NOT too expensive!!

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