Calling My Collection GURU buds. Yoo Hoo

[dingdong]

Ok all you collection gurus out there. I need a little insight.


I have a large, 50,000.00 medical debt that was handed over to a local CA well before my BK filing ( big reason I filed BTW). Anyway, they have been notified 3 times of my BK filing and by now I know they have received my discharge papers. So has the OC as they were listed as well in my matrix/schedules.

They keep sending me dunning notices , each one more threatening than the last and keep doing hard pulls on my CR , I believe I have had 2 hards since the BK filing and at least 4 collection letters. My BK is listed in the Public Notices part of my CR, so they have had access to this info as well everytime they pull a hard on me, and yes, I am sure they are hards, not soft pulls.

I am not interested in trying to "make money " off these violations of the BK stay, ( it would be nice sure, but probably not worth the effort for 1000.00 FDCPA violation) but I would really like this debt to be wiped off of my CR. I am not interested in obtaining new credit, but I do want to try and qualify for a mortgage in a couple years now that the homes are actually affordable here in California. They have also been reaging the account every month I have been in BK and it doesn't have IIB notation in my CR. So this debt is keeping my scores down bigtime as you can imagine. ( Not that they are anything to be proud of at the moment).

So, with the goal of just getting this baddie off of my CR for good, what do you think the best method of (intimidating, you violated this law blah blah) action might be?

I really don't want to ask for sanctions in BK court, but will threatening this kind of action possibly get them to remove the baddie?

Any thoughts guys?

Thanks!

DD

[StartingOver08]

Why don't you want to ask for sanctions? That is where the big money is -

You already sent them notices. Did you file pro se or with an attorney (I forget).

If its with an attorney have him send a letter for the last time. If its pro se, I would go after sanctions against them. You have the notices, you have the evidence of violations. These creditors push as hard as we let them!

[dingdong]

I filed Pro Se.

I really don't have the money to start an AP for sanctions. I might google a couple attorneys that take these kinds of cases and see what they say. If they do things on a contingency then I might think about it.


I really just want the debt removed, that is my basic goal. An AP would be a huge issue. Believe me, I would really like to stick it to these people, but having to go through all the grunt work of an AP would be a pain, plus really what are my damages? They lowered my score a few points by posting a couple hards, and caused me some undue grief?

I don't think the BK judge would award much based on those damages. I could see if they foreclosed on a home or took property away like a car in violation of the stay , but since they didn't take any property ( except possibly my ablity to obtain credit in the future), damages would probably be very limited.

I am thinking maybe a nice ITS letter threatening sanctions, possibly askng for a little cash ( just as leverage to get them to delete) and settling for deletion and never posting the debt on my CR again may work.

[StartingOver08]

I wonder if the naca.net (consumer attorney's) would handle this? They usually specialize in FDCPA violations - but its worth a phone call/e-mail to see what the can do.

[dingdong]

I will look into that.

Thanks!

[dingdong]

Anybody else have any insight?

BIg JOhn? You out there?

[GoingDown]

Anybody else have any insight?

BIg JOhn? You out there?

They ignored your letters and they know you filed BK. They obviously don't care that they are violating the law. They will continue to harass you until you either pay them or make it costly for them to continue their harassment. The only way to make them go away at this point is to file a lawsuit against them and make them pay for their harassment.

Since you filed pro se, I would go to a paralegal and get the appropriate forms to file an action against them in bankruptcy court. That will get them to stop what they are doing, and you will pick up some money, too.

[justbroke]

I know this is old. I have been traveling and missed a couple of weeks!

A debtor does not need to pay the filing fee in order to file an Adversary Proceeding. You just check the fee box for a Debtor on the cover sheet. This box is labeled "Fee Not Required".

Have fun! Let me know what you decide to do.

(Since the filing fee for the AP is "free" for you as a debtor, you can file that, and then they'll usually back off and answer that they will adhere to the permanent injunction. You could file a complaint that asks for a summary judgment at the same time. Just make sure you have good documentation that's submitted as exhibits to your docs. Especially where you contacted them in writing. Any proof of delivery or service is important to, if you're going right for summary judgment. Why do I know this? I've been waiting to do this to one of my creditors for some time, and actually wrote one against AMEX, but they corrected the issue before I could file the AP. )

[dingdong]

Hey Justbroke!

Thanks for the reply.

I have to leave for work but will post more later and maybe you can give me your views?


Type at ya later!

DD