topic Re: Aaron’s Harrasment in Bankruptcy

Aaron’s Harrasment

cartwrna — Fri, 21 Sep 2018 17:27:59 GMT

So here is the deal. I filed bankruptcy on 8/3/18. 341 meeting was 8/30/18. Aaron’s sales and lease was included and once we filed I quit paying on a leased bed. With intentions of returning it once bankruptcy was settled.

After filing they attempted to auto debit a payment to an account which we had emptied which is return caused me a $34 overdraft fee. At this point I called and told the manager that I had filed bankruptcy and that all auto debits were to stop as their was a stop put in place upon me filing.

Since then they have called me daily leaving messages, which I just ignored. Sometimes several days, all which I have proof of and have saved the messages. Yesterday they stopped by my home telling me I needed to pay or give them the merchandise now. I once again informed them that I had filed bankruptcy and that there was a stay in place for which they either needed to get a lift from stay or wait for the bankruptcy to discharge. They informed me that the stay does not affect them due to their contract, which they are wrong.They continued to argue with me in front of my children as well as neighbors, at which point I finally reached my limit and told them that they are to have no contact with me but instead my lawyer at which point I gave them his card. Once again they tried talking to me as I walked away and just hung out in my drive, finally leaving after I once again refused to talk to the manager on the phone.

Flash forward to today and I get a call which i don’t answer from them. 2 minutes later they call back again this time leaving a voicemail stating that they have tried contacting my lawyer and he isn’t answering, or returning there calls. That they have received no proof of my bankruptcy (they were on the matrix and included, I just checked and it had their local stores address where my lease is at). They informed me that I needed to once again pay, or give them the merchandise back immediately and that it needed to be resolved by the end of the day.

Re: Aaron’s Harrasment

cartwrna — Fri, 21 Sep 2018 17:29:31 GMT

I did speak with my lawyer yesterday and he informed me that the stay does affect them and that if I give him their address he can send a letter. I don’t want to send a letter! I want to embarrass them as they did me in front of family, friends, and neighbors. They need to know that this won’t be tolerated, and that there are laws they need to abide by!

Re: Aaron’s Harrasment

pipeguy — Fri, 21 Sep 2018 17:37:31 GMT

@cartwrna wrote:
I did speak with my lawyer yesterday and he informed me that the stay does affect them and that if I give him their address he can send a letter. I don’t want to send a letter! I want to embarrass them as they did me in front of family, friends, and neighbors. They need to know that this won’t be tolerated, and that there are laws they need to abide by!

That might be what you WANT to do, but that is not what you should do - just give your attorney their address, the fact that they are NOT going to get the property back (at least not for a while) should be satisfaction enough. You "might" have a case for improper debt collection and harassment, but that is probably more time/money/effort than its worth.

Re: Aaron’s Harrasment

cartwrna — Fri, 21 Sep 2018 18:07:39 GMT

How is it not a violation of the automatic stay? I have records of them calling me 1-2 times daily since I filed, letters they’ve sent, voicemails, trying to take money out of bank account etc.

I found a case where they did the same thing to another bankruptcy filer, but they only called him 4 times and sent 3 letters. He was awarded attorneys fees, as well as $250 for each violation.

I’m willing to pay the attorneys fees given I lose just to know I tried. Gamble I’m willing to take. I’ve contacted my lawyer and asked that he get ahold of me to schedule an appointment and discuss this.

Re: Aaron’s Harrasment

sccredit — Fri, 21 Sep 2018 22:08:22 GMT

If it were me I would definitely go after them for violating the stay, especially with the amount of documented violations you describe.

Re: Aaron’s Harrasment

pizza1 — Sat, 22 Sep 2018 02:30:09 GMT

Im sure the trustee would love to have this knowledge, and the BK judge. They are undoubtedly violating the federal automatic stay on so many levels.

Im pretty sure the reason your attorney wants to send a letter first, is so he has proof and a paper trail as well. Once they are in contact of such letter which will basically say don't ever in their life time contact you, your family, job, etc.. in any way shape or form, and if they contact you AFTER receiving such letters, then its showtime!

Re: Aaron’s Harrasment

cartwrna — Sat, 22 Sep 2018 04:22:59 GMT

My attorney shot me an email stating he had talked with them and that they wouldn’t be an issue any longer...is it bad I’m just hoping they give me a call or some kind of contact lol. They argued with me forever that the stay didn’t effect them smh.