HELP!! Creditor won Judgement trying to hold us in Contempt

[queenbee]

Agreed...and if you don't do your homework you can be biting off more than you can chew...

[queenbee]

We have an attorney ,the creditor IS listed,she has called wanting money,sent a certified letter saying she is going to file with the courts, (this is all for like $30), she has emailed, and text. All is documented and did not start with the $30 until after she was notified as a creditor. We have spoken to the atty gave him all documentation and voice mails, the atty NEVER said he would contact her to make her stop. We gave here his number and all info SEVERAL times and told her SHE CAN NOT DO THIS because of the BK, she DOES NOT CARE...that is where we are...$2000 must be a fee to go after her, because she is in violation of the BK laws...We keep telling her the laws.... the atty has not contacted her AT ALL!! If it continues we will call the trustee

[StartingOver08]

The creditor receives a notice from the court when you file. The notice is sent from the creditors matrix.

Since the creditor is violating, your attorney needs to send a letter of violation to the creditor. The creditor would have to pay substantial fees as it is a violation of the automatic stay. If your attorney does not want to pick up on the extra $$ available from the creditor, I am perplexed. Most attorney's would jump on this in a heartbeat.

[queenbee]

that's what we thought...

[catleg]

So, this person who is harassing you, is some creditor of yours, not a bank or institution just a regular citizen?

There are occasional cases like these, the court tends to give them a certain amount of leeway to do their ranting and raving but ultimately they never get what they want, all they are really hoping to do is disrupt the BK process.

In extreme cases, this person, assuming they are a landlord or something, has assets and you can go after them, especially if you can prove damages.

Sounds like your lawyer isn't too interested, based on the money he's asking for.

I would suggest you just try to ride it out if you can, and if you can't I would try to find some damages you can sue them for.

[queenbee]

we are just gonna see what happens and talk to the trustee...how much ranting and raving can they do jeezzzz?! and she has assets,she is "not judgment proof", and yes just a regular citizen, in an 8 day span she contacted us 13 times ...and continues,... we shall see...

[catleg]

Sooner or later you're probably going to see her in court at some kind of hearing or another. If you have a file documenting her harassment it could really turn the tables on her fast.

[BigJohn]

I think the problem boils down to is the lawyer doesn't want to work for free. This is not against the original poster but when 'extra' work is required, the lawyer should get paid. We think the lawyer is there to fight each and every battle but I think for the most part, the lawyer did not sign on for all of these extra problems.

[BigJohn]

I would say more and more stays are being violated because people can brake the stay and get away with it.

[queenbee]

i agree they can because with so many people out of work it is hard enough to come up with the amount just to file...I don't expect the lawyer to do it for free but to write a warning letter ...i guess we figured that when the BK was filed no more harassment...that is what we were told, but so far it hasn't mattered, so in that respect it was a waste for us...because with my husband not working there is nothing to garnish and he was laid off 3 days after the BK was filed..should have changed our number and kept the money is how we look at it

[queenbee]

well creditor filed for a contempt hearing...called atty no return call...Now What?!? all for $29 which she is getting reimburse from Walgreen's

[2xBK]

I have followed this thread off and on and just read it all the way through again and I'm just (or more) confused as ever. I once had an experience with a cray landlord, I mean she was literally nuts. She was actually my girl friends LL. My gf and I went camping one weekend and returned to find her apartment empty. She wasn't late on any payments. The landlady just happened to come by on Saturday and (illegally) entered the apartment, decided it was abandoned and called movers to empty it. There was absolutely nothing left in the place. My gf lost everything she had but the clothes she was wearing. Imagine, family photos, mementos, etc. We never found out where the stuff was taken. The LL transferred all her assets to her kids before we could do anything and went into a looney bin. Never got anything back or any kind of restitution.

So there are some crazy landlords out there. This case seems to be a pissing match though. She may be loony tunes and will fight you to hell and back and you refuse to budge as well. If you can settle this tomorrow for $29 then do it.

[BornAgain]

BigBoy2U, you are a breath of fresh air in this place.

[queenbee]

The LL is the first post and is $2000...the second one is not a LL and it is just a person that after bk was filed and was notified as a creditor she is my husbands ex, decided to come out of the woodwork and say we owe money that we knew nothing about...it's principle, the $29...she is getting reimburse from the insurance company and knows this and decided to file contempt charges..

[queenbee]

I do not know what "contempt charge" is / means, it is what she filed with the court... and no it is not an order to show cause or contempt hearing...she wants him arrested...that is all I can tell you, because we have no clue nor have we ever heard of it either....probably the wrong paperwork because she is an idiot, but either way there is a court date...

to answer your question.... no I will not continue with this...I am just answering your question as to the contempt charge...