What do I do next?? When I filed BK7 I listed these people on my bk. Now they sent me to a CA. I have been receiving letters from the CA. What do I do now. Here is what the letter says. In our opinion�� We believe you intend to pay this debt. However, we cannot understand your failure to respond. Your actions are forcing a review of your account. To stop any further collection bureau contact, you may pay the balance or contact our office to discuss this matter. This is an attempt to collect a debt and any information obtained will be used for that purpose. Collection unit supervisor. Do I call them???? I was discharged in 10-2001 they have had this in collection since 3-2000 i just looked at my papers and its in the BK.... HELP!!
Screw em! File suit NOW. Don't send any letters - no validation, no estoppel. File suit and nail them. you have no other option. Sue them!!!
Didn't you have an attorney?? They can easily get this straightend out for you. You said you've been getting letters from this CA, why haven't you just told them you filed on this debt already?? Just let them know you filed and the debt was discharged. It's nothing to panic about really, because if necessary, your case can still be reopened to include them (though I doubt it will be necessary if you filed on the original creditor.) There are rules on creditors contacting you after discharge. Your attorney can advise them of the penalties involved for violating them if they continue but it sounds like they don't have a clue right now.
yes i'm going to call my attorney in the morning. yes they were notified and yet now this. i'll post what happens.
lg, I'll bet what happened is the orginal creditor probably sold hundreds of thousands if not a million dollars of chargedoff paper as one batch and your paper just got mixed in with the rest. Your lawyer can easily straighten this out. They are in violation of the bk code for trying to collect after discharge. I doubt you'll be hearing anymore from them after your lawyer has a conversation with the collections manager.
I read somewhere that some CA's are getting info on bk filings, and then trying to collect on the debts later, claiming that debt wasn't filed. After 30 days the record is sent to National Archives in Phila. Some people won't have their copies of the filing.
Breeze, i do have my copies i went looking through all my papers and found everything, filing, trustee letter and the dismisal letter.
I would just send them a letter telling them that account was filed, and if they don't stop immeditaely you will notify the Federal bk court.
Your bk is recent. Have your bk atty call the collection agency. do not call the ca yourself. this is why you paid an atty, let them earn their money and deal with this for you.
