4 Mos. Post-discharge & Old Creditor's Attempting Garnishment

[j2t]

The creditor's attorney just sent a letter directly to my HR department requesting reinstatement of garnishment. They sent a copy of a printout from the sheriff's website that gives info on a garnishment but no orders from the courts or any other documents. I filed bk back in Nov 2010 so a stay was issued, of course, back then. Then, I was discharged March 2011. So, is this legal?? This creditor (Asset Acceptance) was on my mailing matrix to receive notification of my bk filing. Any advice? Should I send the attorneys a copy of my discharge letter?

I'm a little worried. Is it possible that this debt wasn't discharged?

TIA

[daylate]

I would refer this matter to your attorney. Unless there is some major issue the debt should have been discharged. if so, have your attorney contact them with a cease and desist letter. If they don't straighten out you could sue them and possibly collect some cash from them. See tobee's thread about what happened to BofA when they wouldn't quit trying to collect. http://www.bkforum.com/showthread.ph...e-in-Chapter-7 Good luck.

[j2t]

Very helpful. Thank you. I will look for that thread.

[daxtell]

asset acceptance is ruthless. they took over several of my debts and kept trying to garnish my wages right up until i filed. the day i filed i called and left messages, i mailed them a copy of the discharge papers, i mailed the court a copy of them too. i listed them every single time on my matrix for every different account so they got served about 4 different ways. i made SURE they were aware of the filing. they use ruthless tactics to find you too. i had moved and they found my new address and phone number immediately. after the filing i immediately disputed their reporting on my credit reports so they had to list them properly as included in bankruptcy. and again after discharge so that they all said discharged and the judgement they had gotten said satisfied. i kept after them as ruthless as they were with me to make sure they admitted they notified. as i could not afford the garnishment.

[daxtell]

oh and one more thing.. your discharge papers should list everything that was included (names and addresses). also the filing paperwork i received right after filing also included the names and addresses; plus it included any that were returned to them for whatever reason. it clearly stated on that letter either i or my attorney had to find the correct address and re serve them and also notify the court of the new address.

[j2t]

Yes, Asset Acceptance is so ruthless and shady. That's been exactly my experience with them. Thanks for sharing yours. I also found that I should file a Motion to Vacate Default Judgment with the court that initially awarded it in favor of Asset Acceptance. For the time being, I don't think they have grounds to enforce the judgment since I've been discharged. They were definitely on my mailing matrix but though may not have been listed in my Schedule F. Still, they received notice of my bk filing. AA is absolutely disgusting in their ethics and tactics! I'll update once I file the motion to vacate. Thanks again.

[AngelinaCat]

When you send your C and D letter to AA, make sure that you have courtesy copies of it going to your attorney, your trustee, and your judge. Certify the letter and have a return receipt on it, so that the recipient has to sign it and return it. You only need to do this with the letter you send the creditor; the rest can go regular mail. Make sure you keep your post office receipts for these transactions, as well as the green card, when it comes back in the mail.

Good wishes to you, and please let us know how it goes....

[nokia123]

I had to deal with those dogs(pit bulls) at that, my lawyer sent them a nasty letter and I haven't heard from them since.

[IamOld]

j2t - sometimes the best defense is a good offense - send them/do what the wise heads said above - and go on the attack - they are CLEARLY in violation of the BK court, and let them know exactly what you will do if they don't immediately cease and desist. Maybe your atty sees a few $$ and takes them to the woodshed for a spanking!!!

[tobee43]

When you send your C and D letter to AA, make sure that you have courtesy copies of it going to your attorney, your trustee, and your judge. Certify the letter and have a return receipt on it, so that the recipient has to sign it and return it. You only need to do this with the letter you send the creditor; the rest can go regular mail. Make sure you keep your post office receipts for these transactions, as well as the green card, when it comes back in the mail.

Good wishes to you, and please let us know how it goes....

such EXCELLENT advise!!! make sure you keep those records of contact as AngelinaCat has suggested. since, if you have to, at a later date, you file a complaint against them, you will have everything you need to show the attempts you made to resolve the situation and how the creditor was unresponsive or didn't correct the situation after you notified them properly.

i would still attempt a motion to vacate the judgment that put the garnish in place. unless it was secured in some odd way, you should, with a bit of luck and diligence, be able to petition the court to get it removed.

[j2t]

You guys are so awesome!! Great advice that I will definitely heed. AA deserve to be taken to the shed for a spanking!!

Words cannot express how much I LOVE this forum. The best support ever.

Sincerely,

j2t