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    #1

    Being Harassed....

    Hi everyone! Hope you all had a great holiday.

    I need some advice on how to handle this. Receiving phone calls from collection attorney for Case #3.

    Little background on case #3:
    Sued by Cap One
    Answered summons
    Went thru discovery phases (received nothing)
    Went to court ordered mediation, at mediation the amount they had listed was about 1k LESS than what was stated on summons
    Attorney was suppose to get me a complete breakdown of how they came to that amount - never received
    Trial date set - 2 days before trial Cap One submitted a voluntary dismissal
    Case Closed

    Ok so last week I started receiving phone calls from Cap One's collection attorney (same one who sued). I got 3 phone calls and 3 voice messages on 12/20. I called them back and told them that they voluntary dismissed the case. The guy apologized and said he would update my records.

    Well yesterday I received 3 more calls and 3 more messages. This time the message were a little threatening. Stating that they are going to take me to court, take my personal property and "wipe out" my bank account...lol

    So I called back and explained everything once again and got hung up on...lol

    I'm not sure what to do next. I'm still a little ways from filing. Any suggestions?
    Last edited by Freddy03; 12-28-2010, 08:15 AM.
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11
    Tags: collection calls, collections
    #2
    If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment

      #3
      Originally posted by frogger View Post
      If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.
      That's it. Frogger nailed it.

      They are not supposed to "threaten" you.

      F Them. They are unsecured. They have no leverage.

      Comment

        #4
        Originally posted by frogger View Post
        If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.
        Yeah I plan on doing that but prior to me answering their summons this one company called me daily at work (after I sent a C & D) letter. I'm trying to prevent that from happening again.
        "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

        Comment

          #5
          Freddy03, how long had you sent your C&D letter to that company? As I was wondering did they receive your letter AND they are "STILL" calling you or is it the fact that your C&D letter still had not reached the company as of yet.

          Comment

            #6
            Originally posted by gonebroke4no View Post
            Freddy03, how long had you sent your C&D letter to that company? As I was wondering did they receive your letter AND they are "STILL" calling you or is it the fact that your C&D letter still had not reached the company as of yet.
            They received the C & D letter (sent cert mail) back in July. Because they are calling on behalf of the original creditor I don't believe they have to obey the C & D. I'm going to fax them another letter letting them know that I have retained a BK lawyer and to call them. Hopefully this will stop them from calling.
            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

            Comment

              #7
              Hey Freddie, my friend, you got an issue to sue them. As you sent a letter, the Judge had to have signed off on the voluntary dismissal, you can sue them. I would write a C&D letter again, with a list of what had happened by date, and Court case number with a very mild, "if this ever happens again I shall hire [put down the biggest Shark on your radio looking for easy money] to represent me in a harassment, failure to abide by F[can't remember the letters] rules, as well as conjugal interuptus [a charge I made up], and take them to task. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

                #8
                Originally posted by AngelinaCatHub View Post
                Hey Freddie, my friend, you got an issue to sue them. As you sent a letter, the Judge had to have signed off on the voluntary dismissal, you can sue them. I would write a C&D letter again, with a list of what had happened by date, and Court case number with a very mild, "if this ever happens again I shall hire [put down the biggest Shark on your radio looking for easy money] to represent me in a harassment, failure to abide by F[can't remember the letters] rules, as well as conjugal interuptus [a charge I made up], and take them to task. 'Hub
                <snort!> Hahahha - "conjugal interuptus" tee hee!
                Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                New Job 7-2011

                Comment

                  #9
                  Originally posted by chicagoannie View Post
                  <snort!> Hahahha - "conjugal interuptus" tee hee!
                  Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction. EDIT: LOL (for my own welfare, she reads this stuff).
                  Last edited by AngelinaCatHub; 12-28-2010, 05:08 PM. Reason: self preservation
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment

                    #10
                    Originally posted by AngelinaCatHub View Post
                    Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction.
                    Bahahahaaaaa....you two crack me up!
                    Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                    New Job 7-2011

                    Comment

                      #11
                      100 years ago prior to our first filing I worked at a Collections Agency. Our general rule of thumb was 3 calls per day. They cannot continuously call. I had a chat with the telephone company a few weeks ago about this very thing. I think they called my house like 15 or 20 times one day.. WTF? If you sent the letter certified mail they absolutely have to follow that letter. Without certified mail they could easily say they did not get it (same with a fax it got lost we didn't see it best bet is use certified mail then you have SOLID proof) If not they are breaking the law. This is nothing to joke about as a collector. Not only is the company liable (I think) but the person making the calls can also be held liable. I believe when I was training it was something to the tune of 30,000 dollars. (haha when someone tells me if I call someone when they don't want me to I can be sued for a huge sum of money I listen) When someone told us not to call them anymore even over the PHONE we took heed and stopped calling them just so there was no question. This was not only debtors but people we skip traced looking for others, basically anyone that said don't call we stopped calling!

                      Comment

                        #12
                        Originally posted by Freddy03 View Post
                        They received the C & D letter (sent cert mail) back in July. Because they are calling on behalf of the original creditor I don't believe they have to obey the C & D. I'm going to fax them another letter letting them know that I have retained a BK lawyer and to call them. Hopefully this will stop them from calling.
                        You are right, the C&D letter can be ignored if this is an original creditor. IF you have retained an BK attorney they should start calling him not you. It's up to your attorney to remind them of this. Unless your case was dismissed with prejudice, they have every right to keep calling and even sue you again. So letting your attorney handle the calls is the best way, other than ignoring them - the easiest solution.
                        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

                        Comment

                          #13
                          Originally posted by pavlikclan View Post
                          They cannot continuously call.
                          Sure they can. If you don't answer, that auto-dialer can just keep on keeping on.
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

                          Comment

                            #14
                            Originally posted by WhatMoney View Post
                            You are right, the C&D letter can be ignored if this is an original creditor. IF you have retained an BK attorney they should start calling him not you. It's up to your attorney to remind them of this. Unless your case was dismissed with prejudice, they have every right to keep calling and even sue you again. So letting your attorney handle the calls is the best way, other than ignoring them - the easiest solution.
                            Thanks

                            Yes this is what I plan on doing if they call again.
                            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                            Comment

                              #15
                              Originally posted by AngelinaCatHub View Post
                              Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction. EDIT: LOL (for my own welfare, she reads this stuff).
                              LoL!!
                              "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                              Comment

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