I emailed them to ask how bk'd debts can be collected. Here is my email and their response. The answer, as you can see, was rather vague. I was wondering if you might be able to answer a question for me. Your website says you collect on debts discharged thru bankruptcy. I have previously been told that bk laws are such that if a person who owes on a charge off or judgment, files for chapter 7 or 13 bk and the debt is discharged through bk, then it is uncollectable and the debtor is protected from further collection activity. Is this not correct? I have someone who I have a $21,000 judgment against and he filed bk 7. I was told that is it, I have no recourse. Your site seems to imply otherwise. If you could answer this I would appreciate it. LKH that is true. After the the person is confirmed in a bk there is no recourse. Collecting probably isn't the best term for bks. We process and handle all cash that comes off of a bk in a passive fashion. A judge may exclude some obligations from a bk plan which the debtor is obligated to pay. you could go to the hearing and contest the bk.
LKH, I've been trying to figure Sherman out myself and still waiting for validation in the meantime. My research indicates that they purchase bk debt before discharged, while in bk, and they try to get you to re-affirm. There's tons of lawsuits for this though none that I can find against Sherman specifically. In reality what they do is purchase the debt, in my case, after payment in full via C13 and discharge, and report you to the CRA's without any notice or contact and wait for you to contact them -- seems they're playing with fire and banking on getting paid someday when you need credit and have to pay collection accounts as a condition of financing (mortgage) or you want to clean up your credit and have so much debt that was included in BK, or should have been, that they think they can just slide on in. I'm waiting out validation time and then sending a nasty-gram saying, remove it in 15 days or I'm petitioning the BK judge for relief. The BK judges, I understand, can slap them with contempt and penalties.
Hi LKH, - you already know they have hit me as well -NiceGuy - my attorney again just laughed...and made a few snide remarks about these idiots - and simply said they will continue to challenge and continue threats, until gone. Unfortunately, a lot of ignorant people will pay them - even after they have been discharged because they do not know better. Sherman makes money there... Of course, Ill irritate thge hell out of them until I am clean.... aarrff - dogman
Hey Dogman, I don't have any dealings with them. The thread with you and NiceGuy just irritated the hell out of me, because as far as can tell, this could bk fraud amongst other violations. I was trying to get them to talk as far as what is they do. But it didn't work. Oh well. Good luck to you guys dealing with these schmucks.
Thanks, LKH! Dogman and I have only begun that battle with Sherman I can assure you. I did find out, though that they purchased my debts just before discharge, so that is probably their loophole. And get this--my trustee even mailed payments to Sherman since they bought these accounts. My BK 13 was filed in 11/96 and discharged in 11/01. Sherman bought the accts in 10/01 and that is listed as the date opened at the bureaus. Death to Sherman...the battle begins!
Buying the debts just before discharge doesn't give them any loophole. The minute you filed bk, an automatic stay went into affect protecting you from exactly this type of thing. I would think that if you wanted to, you could go after every single creditor that sold accounts after they were notified you had filed. That would be a violation of the stay and an order of the U. S. Court. And, I would think Sherman is just as liable. Nail there asses to the wall.
Also, I found out they hope to prey on those who File a Chap 13 but ultimately don't complete the plan and their case is dismissed. Then they immediatley nail you as a full-fledged CA! This makes Sherman a modern-day Medusa!!! Eventually their head will be cut off and they will meet their end...
Nice Guy - my atty told me Congrats because only about 10-15% of Chap 13 cases are completed. What amazed me was the fact that MY TRUSTEE CONGRATULATED ME in writing on a perfect payment plan! THX! SO Sherman is snapping everybody, many will respond, many of us will NAIL EM by sharing our methods. THX Nice Guy! OTHERS BEWARE: There are other companies doing this crap - don't let them dong you! aarrfff - dogman
Well, Dogman and Nice Guy, I certainly hope y'all intend to let them know that they can't do this to creditnetters. Have either of you contacted the trustee, or the court? I had one creditor try a couple of sideways attempts to get me to reaffirm, my lawyer sent them a stern letter and a copy of the original stay. They stopped. Linda
My husband has had FOUR accounts crop up in the last 3-4 months from Sherman. These were duplicates of accounts included in a CH 13. I have been able to delete these through disputes on all bureaus except EXP. They "updated" the account and of course, made no changes. Does it seem to anyone who has dealt with these people that when disputed, they just roll over?
LisaMC: All my Sherman accts have popped up in the last six months. TU deleted with no problem, never reappeared after initial placement in October. Experian won't budge, just states "Remains". Equifax dispute is still in progress. What are the dates of last activity on your husbands accts? Has Sherman re-aged them or are they accurate? Have you dealt with anyone at Sherman directly? -NiceGuy
Like you, we have had all of TU deleted, 4 accts total, in the first try. They have never reappeared. Equifax also deleted on the first try, but only two of the four reported there so far. Experian has only had one of the four, and they won't budge. I haven't had any contact with Sherman directly YET. It is coming, I just haven't decided quite how to deal with the issue. As far as reaging goes, I haven't had a problem there YET. These people are just snakes. Any advice or thoughts on how to proceed with Experian?
I hate to say this because it goes against my own better judgment, but you might have to send a copy of your bk papers with the creditors and discharge dates etc. to the experian. Send it with a letter advising them that these debts were discharge through bk and if they don't delete it NOW, they will be in direct violation of a U.S. Court judges order and along with letting the court know, you will file an immediate lawsuit. And as far as Sherman goes, I would file a lawsuit now. I wouldn't send any letters or play games with them. Nail their asses to the wall.
