Lawsuit threatened over discharged debt.

[antrob]

I need some advice about a debt collection agency threatening a lawsuit over a discharged debt.

I filed for bankruptcy in May and it was discharged and close in September. One of the creditor I bk on was Daniels Jewelers. It was for a gold pendant that cost $108.

I have been receiving letters from a second party debt collection agency, BRM to reaffirm the debt or pay off the fair market price for the pendant or they will reposses it due to the fact they have a security interest in it.

I have ignore them up till now, but today they sent me another notice that says they will file a lawsuit in 7 days if I don't pay them. The letter said if they file the lawsuit they will force me to turn over the pendant or I will have to pay the fair market value of it.

I know they have a security interest in the pendant and can technically get it back through a lawsuit, but are they allowed to threaten me by telling me they can get a judgment for the fair market price of it. That seems like a violation of the bankruptcy discharge.

I no longer have the pendant and I know it's most likely is a empty threat to try and score some cash. But if worst case scenario they do take me to court will a judge actually try and make me pay money on a discharged debt?

Any advice would be great thanks. I'm in California.

[DebtEnder]

They are threating to sue over 108 bucks? wow. Anyways send them a copy of the discharge injunction and tell them the pendant is no longer in your possession for whatever reason. Any more contact from them and you'll be collecting fees from their contempt of a federal court injunction.

[tcreegan]

Hi antrob,

I agree w/ DebtEnder.....wow...

Send a letter to them certified mail rept requested, include a copy of the discharge. Tell them they are in violation of the discharge injunction and any further attempt to collect the debt will be documented and used to file suit in Federal BK court.

$108 dollars, you've got to be kidding....

Tom in Colo

[Chowder]

.....or pay off the fair market price....

What's with these morons?

[free2breathe]

I'd almost be tempted to find a few flecks of gold, stick them in an envelope and send it to them, "surrendering your jewelry, debt satisfied" lol

[antrob]

Thanks for all the responses. Does anyone know though, if a judge will make you pay for a item that has a secure interest on it if you no longer have it, even if the debt was discharged in a bankruptcy?

[clevelandmom]

$108???? Isn't that how much it costs just to send the letter nowadays?? Crazy.

I don't know the answer to your question antrob, but by the time the Complaint is filed, mailed, received, a court date set, a date specifically blocked out on a Judge's calendar to hear this case, I hope he throws those crazies into a mental health facility for spending more than $108 just to try to take you to court. Best of luck my friend.

[AngelinaCat]

Thanks for all the responses. Does anyone know though, if a judge will make you pay for a item that has a secure interest on it if you no longer have it, even if the debt was discharged in a bankruptcy?

When you send your letter with the copy of your Discharge Order to these idiots, make sure you send a courtesy copy of everything to your Trustee. Certify and green card everything.

Your biggest mistake was ignoring these people in the first place. When you got the first letter from them, is when you should have sent this letter and order to them. When they did not hear anything from you, then they assumed the debt was legitimate. Read the fine print in any notice you have gotten, or get from now on.

We had this type of situation with a telephone company for several months. Each time the debt was sold, we got a letter, and we fired off our letter, Discharge Order, with CC to the trustee. Don't worry about a judge. It won't get that far.

[dumpinmydebt]

It's just an empty, but seriously stupid threat. I would do as others have stated and send them the certified letter and also advise them that they are violating the law and that if they continue, you will sue them, which will be well OVER $108.

What idiots. $108. Unbelievable.

[sscott4775]

I'd almost be tempted to find a few flecks of gold, stick them in an envelope and send it to them, "surrendering your jewelry, debt satisfied" lol

Priceless, outstanding idea!!!

[AngelinaCatHub]

The filing fees and even a lawyer letter would cost more than $108. It is a scare tactic. Also whether it was secured or not, if the thing was discharged in bk, it is discharged period. They are breaking the law, and it would be fun to get a greedy lawyer (easy task) to sue them on contingency percentage. Clip their wings. 'Hub

[antrob]

This is really a great website. Even after a case is discharged and close you guys still have good advice to give. Thank you.

[malf1204]

The debt was discharged so no you cannot be made to pay for the item. If you have the item they can get an order forcing you to return it but you can never be made to pay them unless you volunteer to pay them. I agree with everyone else you no longer have the item you lost it.

[Bell30656]

I'd simply send them and the OC a copy or the discharge. If, which is doubtful, they sue it will cost them more to file than they could win. In addition, you could counter sue costing them even more money. I don't think I'd reveal to them that you no longer have it. I'd just wait on that part until they tried to sue.

[keepsmiling]

You guys are posting on a very old thread.
Just FYI.