Anyone continue to get debt collector calls on discharged debt?

[6speed8]

I'm just curious about the frequency of this. Have you gotten calls months/years later about a discharged debt and how did you handle it?

[Chilli]

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@6speed8 wrote:

I'm just curious about the frequency of this. Have you gotten calls months/years later about a discharged debt and how did you handle it?

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I didn't get any calls but I I did receive letters in the mail...actually the OC sold the account to a collection agency after my discharge and the collection agency continued sending demand for payment letters even after my bankruptcy attorney send letters demanding they cease. 

The result...my bankruptcy case was reopened for violation of the stay and we (my attorney, the trustee and I) got paid.

I advise you to keep a log, contact your BK attorney and sue them for violations.

[0REDSOX7]

Chilli - was it a big deal to open your BK case after discharge?  How long after was it?  I am curious how that works if it is several years what happens?

[6speed8]

Also, was it all up front costs with your lawyer to re-open then recover the costs in the suit?

[Chilli]

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@0REDSOX7 wrote:

Chilli - was it a big deal to open your BK case after discharge?  How long after was it?  I am curious how that works if it is several years what happens?

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No, it was not a big deal to reopen my BK. I just sent the notices to my attorney as I receive them. I had expressed frustration and and the need for relief.  my attorney called me one day, told me he was filing the motion to reopen my case. It was approved and next thing I knew we had a court date for a hearing. The OC or the collection agency did not show up at the hearing. I had to take the stand to testify how it hindered my rebuilding efforts and my fresh start. The judge ruled in favor and awarded damages and fines... ordered them to pay within 20 days. the order was mailed to the defendants and the check was mailed.

the key is you have to show your efforts to get them to stop and show it was willful. Our proof was certified letters and faxes...3 in all.

i think it was within a year of discharge.

my attorney told me the automatic stay is a lifetime.

[Chilli]

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@6speed8 wrote:

Also, was it all up front costs with your lawyer to re-open then recover the costs in the suit?

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No. I didn't have to pay them anything and would not have owed them anything if they didn't win the case. Again, you have to show a willful violation...which is easy...just have your attorney send certified letters demanding their collection efforts cease and the next contact with you is considered willful.

also, what was interesting is the judge acknowledged that creditors use the credit reporting agencies as an effort to pressure consumers to pay a debt that has been discharged. 

[6speed8]

Good to know. Thanks for sharing.

[Chilli]

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@6speed8 wrote:

Good to know. Thanks for sharing.

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You're welcome.

good luck.

[0REDSOX7]

Great - thank you for this information.

[Chilli]

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@0REDSOX7 wrote:

Great - thank you for this information.

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You're welcome. 

Good luck on your rebuilding.