Green Tree Servicing calling for payment after chapter 7..

[Faust]

So Green Tree is calling me for my June payment. They have called several times but not when I have been home to answer and they didn't leave a message. Today I got them. I told them they are not allowed to call me ever and I told them I was recording their call with my cell phone voice recorder and had them state their name and where they are calling from. They said they have the right to call and will keep calling. How do I sue them?

[HHM]

Let's back up a second.

What is the underlying debt?

[Faust]

Our mortgage.

[SMinGA2]

Are you still in the house? If so, have you been paying? If you are in the house and have not been paying - what is your intent?

[Faust]

Yes, we are in the house and have been paying. I pay every month on the 15th and we did not reaffirm.

[justbroke]

Yes, we are in the house and have been paying. I pay every month on the 15th and we did not reaffirm.

Your case is closed? They can contact you to ask your your intentions on whether you are going to pay. They just can't demand payment. It's a fine line. I would say they are calling because you are consistently paying late, haven't reaffirmed, and they are concerned that you may "walk" at any time.

Whether you have cause for seeking sanctions from the bankruptcy court may hinge on how they asked for payment. You do actually still owe them for the mortgage. They are just not allowed to collect the debt... and therein lies the gray area. They can proceed to foreclose and they certainly can contact you to ask what your intentions are.

There's a big difference between "are you going to make a payment for June soon?", and "you must make June's payment".

I'm not sure that there is really any violation here.

[Faust]

They said they are calling to collect a debt. That's seems pretty clear to me.

[HHM]

Is that "all" they said.

They may just be giving you the standard disclosure (we are calling in an attempt to collect a debt...blah blah blah, that is actually required by FDCPA).

I don't think the case you have is clear cut.

In any event, as for "suing" them, that is more involved. The most straight forward would be a discharge violation in bankruptcy court, which may result in sanctions, but probably not result in any money damages to you (no real harm).

[Faust]

Yes, they said they are calling to obtain payment and if I don't pay they will keep calling until payment is made. My case has been closed since may 2010 so I have to open my bankruptcy case back up to get them to stop?

[keepsmiling]

I'd bring a recording to a boot camper and see what they have to say.
I for one love the idea of getting cash awards from our lovable lenders.

[frogger]

Yes, they said they are calling to obtain payment and if I don't pay they will keep calling until payment is made. My case has been closed since may 2010 so I have to open my bankruptcy case back up to get them to stop?

You were probably talking to someone new. If they call back, just ask for a supervisor, explain the chapter 7 discharge, and that should take care of it.

Document who you talk to, when you talk to them, and the conversation.

As to monetary damages (and I hate to say this), but no one but you really cares. The courts don't give a rats arse about this because they don't make any money on it. Just nip this in the bud and it will go away.

You do need to be prepared however, to be evicted/foreclosed if you don't pay.

[Faust]

I talked to two people who insisted they have the right to call and will keep calling bankruptcy or not. What is the point of filing for bankruptcy if creditors can keep calling to collect? I thought the FDCA provided penalties of $1000.00 per violation. I have them recorded trying to collect so can I file prose in small claims to get it?

[HHM]

Generally, small claims courts generally can't hear federal claims. I hate to say it, but such a suit is really beyond the scope for most pro se litigants. Lawsuits are not like bankruptcy, you don't simply fill out some forms.

But yes, you could sue them, but unless your state has a corresponding state statute (which it probably does), but even then, these suits are usually filed in Federal Court.

[Faust]

So bk doesn't actually prevent creditors from continuing to try and collect. Nice.

[helpmeout]

So bk doesn't actually prevent creditors from continuing to try and collect. Nice.

Yes, it does. But the burden of proof of them attempting to collect a discharged debt is on you. And anybody can call claiming to be from a certain company but actually aren't. What would work is having something in writing in addition to the calls.

And you would have to go through federal court to accomplish this.

Seriously, I would send a cease and desist letter, giving your BK file number and be done with it.