Although I visit this board frequently I rarely put in my two cents. I did stop by last week for a bit of advice and didn't get exactly what I was looking for. I truly need help if any are willing. The only person to reply to my post insinuated that my story "didn't add up" or more than likely thought I was a troll. I don't care if someone goes out and gets a yahoo address with a ficticious name just to answer my question via email. I really could use some solid advice. I can not afford a lawyer at this time but I know my rights have been violated. I have a very STUBBORN creditor that refuses to delete or even update a listing to equifax, they continue to ignore my threats and they are in violation of the FCRA in many ways. Since my Ch7 discharge they have poked their nose in my credit report three times(it would seem logical that if the debt was discharged, they no longer are a creditor, thus...no permissable purpose). I sent them a letter with a copy of my BK discharge, and schedule of creditors showing them listed. I have the green card from the CRRR showing they signed for it yet today I received a letter telling me "it's tax time and we would be glad to settle this account for much less than you owe" ANOTHER FCRA violation in that they are trying to collect on a discharged debt. Before today I sent my first letter CRRR and demanded $1000 for each of their violations or I would take them to court. I am sure they all had a great laugh and then went ahead and sent this letter out to rub my nose in it. MY questions are simply this....what are my next steps? HOW and in which court do I go to sue them if necessary? Is there another letter I can send them to get them to take me seriously? and why won't equifax take me seriously when I tell them I have taken all these steps? What should I do with them? Well, that's about it, if anyone cares to answer on this board that's fine, if not....feel free to email me. Thanks.
Take them to small claims court. I would ask for deletion of the acct and $1000 for each violation up to the $5000 limit. Make sure you have everything well documented. Matt
Hi Skwirl, All you have to do is do a search on your name. This will bring up all the threads you have posted in. There was one where Marie and others gave good good advise, but I don't know how to make a link to it. Sounds like you have good grounds for a lawsuit. The CA is violating the BK stay big time.
I am by no means an expert, but I would say you have to sue them. Your best bet is probaby to go to small claims court and getting all the paperwork. When it's all filled out send them yet another letter Intent to Sue and attach your court papers with it. If they don't reply just file your case. Good Luck
Trying to collect on a debt that was discharged in BK isn't a FCRA violation, it's a BK law violation. The PP thing, you have them on. Go to court. As far as them trying to collect, try calling or writing the courthouse where your BK was discharged, attention the judge who signed off on it explaining the situation, and send copies of any letters you have from them. It's possible you can get some assistance from them. Also try calling your state's AG, and the AG of the state they're in.
As I understand it, if a creditor violates the permanent injunction, you can bring a motion for civil contempt of court in the same bankrputcy court you filed your bankruptcy in. In some parts of the country, you have to actually re-open your bankrputcy case first. In the 9th Circuit, there is developing case law that says you don't have to re-open your case, you can move directly to the contempt motion. Even with all of that, I don't really know if a creditor is allowed to continue to attempt collection after discharge, because I recently read an article on the subject that completely stunned me. Something to the affect that, while the personal liability for the debt was discharged, the underlying debt is still valid. I'll try to find the article tomorrow and post it and perhaps the legal minds can figure out what it all means.
It seems that I am back to square one because like everything in NY, nothing is easy. I called my local court and they tell me the defendant has to live in my county. So the problem is that this company is in Michigan. No wonder they haven't taken me seriously! They must know I am not going through the initial expense to file all the way out there! I still had the BK stay violation which I believe had to go through the original court that granted the Bk to begin with but the dumb a... I talked to at the BK court in Albany said they can't do anything, this is the jist of the conversation "I'm sure they are wrong but we are only a clerk's office you need to consult an attorney" So, I asked him if there was a form to fill out or someone I could contact. I got the same response. "Well, since your bankruptcy is discharged it really is out of our hands, you really should consult an attorney, we aren't lawyers here and can't really give out advice" I DON'T WANT ADVICE...I want an address, a phone number, someone to talk to with something between his ears besides air! No wonder no one takes the consumer seriously!
You can't sue them in small claims court in NY unless they have a registered agent in NY that you can get served. Chances are they do not have a registered agent in NY because CA's are not required to be licensed or bonded to do business in NY. You can sue them in civil court in NY which will cost you $150.00 to file. The upside to that is that you can sue them for much more money if you file in civil court.
Unfortunately, it is difficult to give you a phone number without knowing the company who is doing this. Someone may have the number for their compliance department...who knows? Also, if it has not been suggested before, you might want to contact the attorney who filed your bk petition and schedules. L Oh...and the hell with small claims....sue 'em in federal court
I contacted the attorney that handled it...no return phone call yet. I'm not suprised. I paid him in full in March 2002, he didn't file my Bk until June 2002 and court was in July 2002. I will probably hear from him before the next iceage...wait it might be the next iceage....only -3 degrees here in upstate NY today. I just tried one more thing...contacted the CEO by email of the company I am having a problem with...we shall see....
Unless I missed something, and I may well have, it was never said that this is a Collection Agent, but a Creditor. That being the case, most small claims courts consider the proper place to sue to be either the place where the contract was signed, or your county of residence when it was violated. As a corporation doing business in New York, they should in fact have a registered Agent For Service. Look them up on the state's web site. It's pretty confusing, but after a few minutes, I found this search engine that gives you corporate info including Agent For Service in New York. I would look long at hard at filing suit against them in both Small Claims over the FCRA violations (Permissible Purpose) AND in BK court over the BK violations. But I'm vindictive about these things. If they are NOT registered in New York, you have them on whole different set of violations that we can explore if that turns out to be the case. Best of Luck!
I almost hate to tell you this, but it got up into the 80's here today... One of the news stations in San Diego alway shows a clip from Buffalo during the local weather. I t does make you appreciate it here. A popular bumper sticker when I was going to San Diego State was "Tourists Go Home. Leave Your Daughters."
I checked the website and they do have an agent in NY, I'm attacking this from a different angle right now. I finally got in touch with someone from their legal department and they are "investigating" my claims. I'm making a huge paper trail and I think I will go the federal court route. The local idiots know nothing and trying to get help in this town I live in is impossible. As for the weather here....it sucks....changing that though, finally convinced my wife to move to Virginia in June after the kids are out of school for the year. Buffalo has nothing on us right now(a town called Gloversville) I have pics of me standing on top of the snow bank with my arm resting on TOP of the street sign and I am only 5'4"!!!! The temp here has been a balmy -3 this morning but with windchills it is -12
