Discharged Nov 3, 2011. Dec 1, 2011 CA sends me a collection letter.....

[doni49]

I filed on 8/4/11. A couple of weeks later, I received a phone call from one of the CAs (they WERE listed on the creditor matrix as was the OC). I shrugged it off as an honest mistake and told them I had filed, gave them the case number and the district in which I had filed.

Then on 9/20/11, I received a collection letter from them (letter was dated 9/13/11). I sent them a C&D letter the next day via CRRR telling them again what my case number was and the district I had filed in. I specifically told them that if they continued their collection efforts I would take legal action against them.

Fast forward to TODAY (12/9/11) and I find ANOTHER collection letter from them in my PO box. This letter is dated 12/1/11--ALMOST a full month after my discharge (which was 11/3/11).

1. Do I have to send them ANOTHER C&D letter? Or should I just re-open my case and file a motion?
2. What is the name of this type of motion so that I can search for a sample to look at?
3. What do I ask for as far as damages? Or do I just tell the judge what's happening (and present the evidence) and let him determine damages?
4. What are the damages based on (I'm kind of wondering what I might receive as a result of these nimrods actions).

TIA!

P.S. I was just reviewing my notes on this and have realized that these collection efforts pertain to two different accounts--both with the same CA & OC but one was a personal loan (closed end loan) and the other was a Line of Credit (open end loan). I don't know if that matters though.

[doni49]

The plot thickens....

Well. I've continued to check my info. Since originally posting this thread, I have found that this particular CA was NOT listed on my matrix. The OC was but not the CA. Prior to filing, I had been receiving collection calls/letters directly from the OC. They must've forwarded my case to collections right around the time I filed.

So the CA was not listed on the matrix but the OC was--that discharges the debt right? The CA was notified via CRRR back in September that I had filed and they were provided with the case number at that time. Now they're attempting to collect on a DIFFERENT account with the same OC.

[AngelinaCatHub]

Well. I've continued to check my info. Since originally posting this thread, I have found that this particular CA was NOT listed on my matrix. The OC was but not the CA. Prior to filing, I had been receiving collection calls/letters directly from the OC. They must've forwarded my case to collections right around the time I filed.

So the CA was not listed on the matrix but the OC was--that discharges the debt right? The CA was notified via CRRR back in September that I had filed and they were provided with the case number at that time. Now they're attempting to collect on a DIFFERENT account with the same OC.

That is correct. You owed the money to the OC and if they sold it off to a CA that info should have gone to the CA. The debt is dead. Another C & D would (should) do it. 'Hub

[tobee43]

hub, i like going after their butts better than the c and d letters LOL!!

after all doni already did that months earlier right??? i hate those guys!! i would just love to see someone go after them. the atty should, after all, its FREE money

[doni49]

'Hub,

Thanks for confirming that for me. i thought that was the case but wanted a second opinion.

Tobbee,

I'll send the C&D letter first and give them the benefit of the doubt this time since I now know they weren't in my matrix and therefore weren't noticed by the court.

But if they attempt to collect after I send my C&D letter, I will be filing against them.

[tobee43]

'Hub,

Thanks for confirming that for me. i thought that was the case but wanted a second opinion.

Tobbee,

I'll send the C&D letter first and give them the benefit of the doubt this time since I now know they weren't in my matrix and therefore weren't noticed by the court.

But if they attempt to collect after I send my C&D letter, I will be filing against them.

best of luck with it doni. we send C&D letters certified cost us a small fortune. not a ONE creditor respected them. then OUR atty wrote them all one and they STILL continued. however, that was prior to our close and discharge.

if you read you close order and your discharge order i think it will quote the law, or make some type of statement in writing which applys to any of the creditors attempting to collect a debt after your bk is completed.


i hope they work for you

[keepsmiling]

I say go for the cash.
NO REASON to be "nice" to CA's!

[tobee43]

I say go for the cash.
NO REASON to be "nice" to CA's!

me too!