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    Company still trying to collect

    So my wife and I filed on 9/2. 341 was on 10/2. As of today, I still have a collections company trying to collect for a T-mobile bill that was included in our BK. I called and left a message telling them that I had filed, included that particular debt, and if they didn't stop calling me I would have to take further action.

    I got a call today saying that if I wanted them to stop collection actions, I would have to provide them with my attorney name, address, etc... We don't have one, we filed Pro se.

    What should I do? Is there a form letter I should send them? Should I contact an attorney if they don't stop harassing me? Should I alert my trustee?

    Thanks for your help!

    #2
    Make sure they are on your mailing matrix for the BK. Give them your case number.
    Send them one more notice in writing and if they continue to violate, then sue them.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Originally posted by polarisryan View Post
      What should I do? Is there a form letter I should send them? Should I contact an attorney if they don't stop harassing me? Should I alert my trustee?
      Next time, tell them this on the phone. If you refuse to take my Case #, District where filed, and date of filing, I will ask the Court to Enter an order to Show Cause and have you appear before the U.S. Bankruptcy Court to answer the JUDGE as to why you keep calling.

      Also, immediately find their address and write them a letter. Send the letter certified mail, return receipt requested. Include a "Notice of Bankruptcy" in it as well (get it from PACER).

      I sent something like this to one collector. After they received it, they were so apologetic, that I received the letter from one of the founding VPs of the company!


      VIOLATION OF AUTOMATIC STAY

      Counsel for BigBadCollector:

      As you are already aware, John Doe
      Last edited by justbroke; 10-28-2009, 05:05 AM.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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