Harassed by creditor on NON RE-AFFIRMED CAR LOAN. I surrendered car to dealer NJ POST CH7

[Anonymous]

Hi.

What is my recourse and how to I begin if a creditor is violating the law and sending me collection letters and calling me on a debt that was included in my CH7 discharged in June?

It's for an auto.  I turned the car back to dealer (friend of mine) to try and sell and negotiate a better buyout from lender.

He and I both notified lender.

I have received numerous calls and collection letters on this account over the past 2 weeks.  I keep calling and telling them and they apologize but keep sending letters and calls.  I have sent 3 letters via fax outlining what they have done wrong and demanding they cease all action.

How do I get them to stop?

Thanks

Dan 

[RobertEG]

If the debt was clearly included as having been discharged in the BK and they are violating the statute by contining attempts to collect, I would consult with an atty regarding possible civil action.

Did you use an atty for the BK?

If the calls are from a debt collector, you can send a cease communication letter under FDCPA 805(c).

However, if from the creditor, then the FDCPA cease collection process would not apply.  You would address via civil action.

[StartingOver10]

---

@Anonymous wrote:

Hi.

What is my recourse and how to I begin if a creditor is violating the law and sending me collection letters and calling me on a debt that was included in my CH7 discharged in June?

It's for an auto.  I turned the car back to dealer (friend of mine) to try and sell and negotiate a better buyout from lender.

He and I both notified lender.

I have received numerous calls and collection letters on this account over the past 2 weeks.  I keep calling and telling them and they apologize but keep sending letters and calls.  I have sent 3 letters via fax outlining what they have done wrong and demanding they cease all action.

How do I get them to stop?

Thanks

Dan 

---

^^^Sue them.  They have had ample notice - through the bk courts (with your filing and discharge) and from you directly with the 3 letters.

Either have your Bk attorney sue them or find a consumer attorney that handles these types of actions. At least you will get some $$ from it + get them off your back. BTW, they are responsible for your attorney fees too

[pizza1]

---

@StartingOver10 wrote:

---

@Anonymous wrote:

Hi.

What is my recourse and how to I begin if a creditor is violating the law and sending me collection letters and calling me on a debt that was included in my CH7 discharged in June?

It's for an auto.  I turned the car back to dealer (friend of mine) to try and sell and negotiate a better buyout from lender.

He and I both notified lender.

I have received numerous calls and collection letters on this account over the past 2 weeks.  I keep calling and telling them and they apologize but keep sending letters and calls.  I have sent 3 letters via fax outlining what they have done wrong and demanding they cease all action.

How do I get them to stop?

Thanks

Dan 

---

^^^Sue them.  They have had ample notice - through the bk courts (with your filing and discharge) and from you directly with the 3 letters.

Either have your Bk attorney sue them or find a consumer attorney that handles these types of actions. At least you will get some $$ from it + get them off your back. BTW, they are responsible for your attorney fees too

---

+100!  

Agree with everything here. It is against the law to collect on a debt that has been discharged in a federal BK court.  I would sue them, and wouldnt think twice about it.  Thats why there are protection laws out there when a person files BK. They are no longer responsbile for that debt...legally.

Even if you file civil action against them, and they come back and say "oh I didnt know you filed a BK, were sorry, we will stop"....Id be like...Too late! You kept trying to collect on a discharged debt many times after I told you to quit harrassing me, and sent you proof of included debt, so now you can explain it the judge"! ...but, Im kind of bitch that way if someone messes with me, LOL.

[Anonymous]

Spoke to Lemberg Law Firm.  They specialize in this and I actually used them successfully against a creditor in the past with great outcome.

Back then something was sent to collections while I was disputing which is wrong.  All I wanted was credit report cleaned up but they refused.  Lemberg got me $750 net they got several thousand and got it removed.  They settled with them.

They told me in NJ a law firm cannot go after the origional debtor unless they violate other things like robocalling...  I have a follow up call today I couldn't talk long yesterday.

They did say I can file something against them myself.

I'll know more later.

Thanks

At this point I am a little worried they will incorrectly report on my credit report and that would be very bad for me.  If they just stop and go away  I am good and will let it die.