Stay violation after certified letter. Creditor just does not get it.

[StewieGriffin42]

Bank of America must have their head up their kiester. I get discharged on Friday. They were notified in my matrix. I got a dunning letter about 3 weeks ago from the local BOA office. So I sent them a certified letter with a copy of my filing telling them in no uncertain terms to leave me alone and copied the trustee. They have sent me 2 MORE letters demanding payment since receiving my certified letter!

Can I get the court involved in this? I want to see if the court will fine them or at least scare the crap out of them.

[aa06a47]

Yes, you can, and I would if I were you. It will cost you some money to file against them, but you might be able to collect the attorney fees and some pocket change to boot. Talk to your attorney about this.

[StewieGriffin42]

Yes, you can, and I would if I were you. It will cost you some money to file against them, but you might be able to collect the attorney fees and some pocket change to boot. Talk to your attorney about this.

I filed pro se. Can I do this myself?

[SinkingFast]

You could do it in Small Claims Court where you live for a nominal filing fee. The limit of our SCC here is $6K and it only costs $75 to file the complaint.

They are in violation of Federal Laws, tho. So the suit should actually be filed in Federal Court. The neat part about filing in Federal Court,......... Every major city that has a Federal Court will report the filing in their newspaper. It's bad press for BoA.

You might only win a small award. Other similar cases have been filed and Opinions rendered where the people got relatively small awards. I read one where the plaintiff was awarded $1000 for damage to their Credit Report and $10,000 for nuisance. The plaintiff asked for an award for pain and suffering, but the Court denied that. The Feds, however, can fine them fairly substantially for abuse.

Your best bet is to contact the FTC about them.

[StewieGriffin42]

You could do it in Small Claims Court where you live for a nominal filing fee. The limit of our SCC here is $6K and it only costs $75 to file the complaint.

They are in violation of Federal Laws, tho. So the suit should actually be filed in Federal Court. The neat part about filing in Federal Court,......... Every major city that has a Federal Court will report the filing in their newspaper. It's bad press for BoA.

You might only win a small award. Other similar cases have been filed and Opinions rendered where the people got relatively small awards. I read one where the plaintiff was awarded $1000 for damage to their Credit Report and $10,000 for nuisance. The plaintiff asked for an award for pain and suffering, but the Court denied that. The Feds, however, can fine them fairly substantially for abuse.

Your best bet is to contact the FTC about them.

Not sure if I could show damages at this point. Other than costs of the certified letters.