Contacted by law firm repeatedly after filing

[jeep75]

We filed back in late June. We have exactly 30 days left until discharge.

We received a voice mail from a law firm from our state on 8/22 telling us that they were trying to collect a debt and to call them. I called them back and couldn't get a person after waiting on hold so I left a message with their "file number" our bk case number and attorney information. I also sent my lawyer an email letting him know of this, I received no reply.

On 8/23 we received a letter from said law firm stating that they were hired by Citibank collect. We verified that citibank was matrix and we also told a live person from citibank when they called after we filed, the person said that 2 of our 3 accounts were updated with the bankruptcy info but not the third and they would update it.

Tonight we received another recorded voice mail identical to the first and I called back and waited on hold again and again left another message with our so called file number, our bk case number and our lawyers info.

We've also recently received a bill from citibank for this one account but not the other two.

What should I do next. I know I need to send them a certified letter, but what to include. I was thinking of including a copy of their letter and a copy of the notice of bankruptcy and nothing else. I think I may need to send more though.

What do you think?

[justbroke]

Did you file pro se? If not, then you should contact your attorney IMMEDIATELY (and should have done that at first contact). If you did file pro se, then you should take a "reasonable" to send a letter by mail or fax and to document all the calls. If this doesn't stop the calls in a reasonable period, say 14 days, then you will need to get the court involved.

[jeep75]

I did email my lawyer after the first call, he didn't reply yet. I mentioned it in the first post.

Fax is a good idea!

[jacko]

Why not do nothing? Let the BK play out and once discharged you are in the clear. They can't do anything to you.

I did email my lawyer after the first call, he didn't reply yet. I mentioned it in the first post.

Fax is a good idea!

[AngelinaCatHub]

Why not do nothing? Let the BK play out and once discharged you are in the clear. They can't do anything to you.

This is true jacko, but they are breaking the law by ignoring the automatic stay. You are not to be notified once in bk. I can see the mistake if one of the cards was not notified. But it should have been corrected as they acknowledged missing that card. 'Hub

[justbroke]

Why not do nothing? Let the BK play out and once discharged you are in the clear. They can't do anything to you.

This is why they harass people... because no one ever does anything. It is illegal to collect a discharged debt either during the "automatic stay" or once the discharge is entered. They harass some people even into paying a discharged debt. This is just wrong, wrong, wrong.

If enough people deal with these... they would not do it so often... almost with impunity. The Judges absolutely HATE this type of behavior and there is nothing more serious a creditor can do than violate the automatic stay or permanent discharge injunction.

[Bell30656]

I am willing to bet that the law firm has not been served. I believe that I would contact Citibank and complain to them. They have been served and this law firm is representing them. I also think that Citibank would be the people to sue for the violation of the automatic stay. Citibank is responsible for the actions of their contractor. We all know that the law firms that do this kind of work are bottom feeders. Just telling them you have filed means nothing. Sending them a copy in a way that you can prove they got it, does.

[GoingDown]

I am willing to bet that the law firm has not been served. I believe that I would contact Citibank and complain to them. They have been served and this law firm is representing them. I also think that Citibank would be the people to sue for the violation of the automatic stay. Citibank is responsible for the actions of their contractor. We all know that the law firms that do this kind of work are bottom feeders. Just telling them you have filed means nothing. Sending them a copy in a way that you can prove they got it, does.

Yes, exactly.

Don't waste any more time talking to them on the phone.

You are talking to people who are flunkies and are unable to help you with this matter.

Send the copy of their letter and a copy of the notice of bankruptcy by certified mail to the attorney. I wouldn't include anything else.

I think that will get their attention, and you will probably never hear from them again.



And make sure you are recording all phone calls from them and saving any correspondence from them. The bankruptcy judge should be informed of what they are doing, and you want evidence to show the judge.