Violations of creditors

[Argh!]

I have received 3 notices from a creditor well after I filed BK, and 1 after my 341 meeting.

If I pursue this isn't it a $1000 fine per offense?

Do I talk to my attorney?

Do I file in small claims?

Thanks for the help.

[justbroke]

It's not that easy getting a violation. First you need to tell your attorney. Second, it's generally accepted practice that you officially warn them once before filing any motion in Court for a Show Cause Hearing and Sanctions.

What you need to do is immediately contact your lawyer and give him the details. He will determine the next steps. If it's an egregious error, then you can go for Sanctions without official warning.

However, in the case of casual calls or notices, you need to tread lightly. First you need to determine if they were notified (via the process). Sometimes they are not.

Also, the mythical $1,000 violation is usually for FDCPA violations and the court generally only allows actual damages (legal fees) and not always punitive damages. Your mileage may vary based on your District.

[Argh!]

It's not that easy getting a violation. First you need to tell your attorney. Second, it's generally accepted practice that you officially warn them once before filing any motion in Court for a Show Cause Hearing and Sanctions.

What you need to do is immediately contact your lawyer and give him the details. He will determine the next steps. If it's an egregious error, then you can go for Sanctions without official warning.

However, in the case of casual calls or notices, you need to tread lightly. First you need to determine if they were notified (via the process). Sometimes they are not.

Also, the mythical $1,000 violation is usually for FDCPA violations and the court generally only allows actual damages (legal fees) and not always punitive damages. Your mileage may vary based on your District.

They were notified and it's part of my BK filing. It's a division of Citi (I had two accounts with them, I'm being harrased by Checking Plus department)

I was hoping for a nice fat payday for my favorite charity

[justbroke]

They were notified and it's part of my BK filing. It's a division of Citi (I had two accounts with them, I'm being harrased by Checking Plus department)

I was hoping for a nice fat payday for my favorite charity

Well, you need to tell your lawyer and he'll proceed as appropriate for the matter.

This generally consists of one letter re-stating that you're under protection under Title 11 and that they are prohibited from attempting to collect the debt.

[keepmine]

Plus, nothing in the bk code specifies a dollar amount for violations of the stay. It's totally up to the judge to determine any damage award.