SS and Union Pension and Bank Account?

[EndInSight]

I think I might be in a pickle and am considering canceling direct deposits and direct payments BUT keep bank account open so I can cash SS and Pension check. Or do the debit SS card.

Bank will still give me free money orders (I think). Making phone calls tomorrow.

My reason for doing all this? I am deathly afraid of an new collection agency that has just appeared on my credit report and I am afraid of a "freeze" on my account.

I know that my SS and my late husbands pension (I hope) are exempt and safe BUT these people ARE sneaky as we all know.
This debt was included in my C13.

I only have two more payments and WAS planning on paying my 13 off this month BUT now I am worried that this scum bag debt buyer will try something.

I AM planning on mailing matrix to all three CB's. Will that stop any sneaky stuff or should I go ahead with my plan?

Thanks everyone!
This site is worth it's weight in gold!

J

[CompTweaker]

Don't do any of that yet. They would have to start the process of filing a lawsuit against you and win a judgement before they could levy your account. Trust me, I'm going through this right now.

Just find out the website of the local courts in your area and do a search for your last name and monitor it once a week. If you're not on there, you're fine. And if your name doeas appear, get ready for some money coming to you because you can counter sue against them for violation of your rights according to the FDCPA, and you will get $1000 as long as you file within a year of the violation. That debt was taken care of in BK court. Good luck.

Oh, also dispute the error on your credit report because thats exactly what it is.

[WhatMoney]

Why are you concerned about the collection agency on your CR? It just means they have purchased your uncollectable almost discharged debt for a fraction of a cent and are trying to blackmail you to pay something to clear it off the CR. Buying OOS and discharged debt is a growing business for the real scumbags of the collection industry. They all belong in jail.

Send your BK papers and matrix to each CRA, disputing the debt appearing on the tradeline and they should clear it off. If they don't, get an attorney to file suit against the CRA for violation of the FCRA (on contingency).

If you have any contact address with the CA, send them your BK papers and a C&D letter. Your C13 should be discharged within a month it sounds like. They are wasting their time and risk being sued for violating the stay.

No need for drastic action on your bank account if you check your local court probably every two weeks. But this is a hell of an inconvenience - since most court cases are not online. Fact is, they are just as likely to try to blackmail or sue you after you are discharged, because that is what they do. It's an easy lawsuit to win, they settle out court if you get an attorney, as they know they are violating the law. Bk court won't be amused by their tactics either. Best to inform them you know your rights and they should go away.

[FreshLikeADaisy]

EndInSight, WhatMoney gave you some great advice. Just make sure that the cease & desist letter you send to this new collections agency (along with a copy of the creditor matrix and the first page of your bk filing) is sent certified, return receipt requested.

This way, if they attempt any further collection action, you can legally prove that they were notified of your bk and are deliberately acting in contempt of the automatic stay.

Because you're still in bk, you can also have your atty notify the court and have them held in contempt by the court for violating the automatic stay. This would be the best course of action IF they continue to attempt collections even after being notified of your bk.

While FDCPA may possibly apply, I don't really know, because the fact that you're in an active Ch13 makes it almost irrelevant. FDCPA is a broomstick, bk court is a gun.

There are sample cease & desist letters all over the net -- just google for them -- but in the end, a simple letter that says something like the following will suffice very well, as long as you send it certified, return receipt requested:

"Please be advised that the debt you are attempting to collect, referred to in your letter to me of May 17, 2008 [or whatever the date was], has been included in my Chapter 13 bankruptcy since [date you filed bk]. My Chapter 13 case number is 08-12345, filed in the Middle District of Delaware. Enclosed please find photocopies of the first page of my filing, as well as the creditor matrix wherein the original lender of this debt was duly and legally notified of my bankruptcy.

You are attempting to collect on a debt included in an open bankruptcy case, in overt contempt of the automatic stay ordered by the bankruptcy court. You are hereby notified to cease and desist all collection activities in reference to the abovementioned debt. If you do not, I will pursue every remedy available to me under the law to its fullest extent. Sincerely, ..."

Also, if they were to sue you, all you would have to do is show your bk papers in court. If you missed the court date and they got a judgement, all you would have to do is go to the courthouse and file a Motion to Vacate based on the fact that the debt was included in bk, which any atty could do for you. So please don't be afraid: you have lots of options to act before they even get close to your bank accts. They MUST have a valid judgement in hand before they can attempt any levy or seizure. You can easily prevent that.

Hope this helps! Good luck to you!!!