Creditor being a TOTAL &&###&

[davedude]

(I hope this is the correct sub forum)

Third party collection agency is saying because I'm not filing through an attorney they don't believe I really filed.

I gave them my case # but they are fighting it saying well you don't have a lawyer so...

I'm going to fax them a copy of my notice of filing and I hope that should shut them up.

In case it doesn't, what can I say to them (Fair credit act laws??) to make them stop harassing me?

Thanks

[discouraged]

That sounds about right but I'm sure the guru's will jump in with the exact wording, etc.

[shark66]

Record the calls, make a transcript and sue them if they persist.

Good luck.

[chrisdfw]

what they are doing is illegal. However they know you probably won't do anything because you don't have an attorney to sue them. There are attorneys that would love to take this type of case if I don't miss my guess.

[kornellred]

If you actually did file for bankruptcy protection pro se, the court would have given notice to the creditor. If the creditor continues to harass you, it is a violation of the automatic stay. You cannot lose if you bring a lawsuit against the creditor for the violation. The only unknown factor would be the penalty the creditor would be forced to pay.
It might be best to let then creditor play their game. They cannot get anything from you that the court does not give them.

[tobee43]

If you actually did file for bankruptcy protection pro se, the court would have given notice to the creditor. If the creditor continues to harass you, it is a violation of the automatic stay. You cannot lose if you bring a lawsuit against the creditor for the violation. The only unknown factor would be the penalty the creditor would be forced to pay.
It might be best to let then creditor play their game. They cannot get anything from you that the court does not give them.

kornellred is correct......whether pro se or an atty...the creditor rec'd a notice and there is an auto stay on any collect attempt.

you may have filed pro se........but filing against a creditor that is violating the auto stay is sure win for you and is worth seeing atty about since the award included atty's fees.....just make certain you have can prove it and record the calls.....check your petition and make certain you listed the third party and the correct address....

also...you may want to contact the creditor directly and advise them unless the third party purchased your debt, and IF that third party is only rep'ing the creditor then tell them to call off the dogs before you sue them as well for violation of the stay.......it would NOT hurt you, and i would suggest a certified letter with your case number to both with a sign rec. request. then YOU know you have something in your hand they rec'd the bk info...also it's always a good idea to put the mail cert number in the actual "body" of the letter....

best of luck! some of these creditors are such animals...

[debtprison]

Can you share which 3rd party collection agency is trying this?