I just received email alerts that this company posted 3 new COLLECTION accounts to my EFX and EXP reports. The date "placed" is 2/2002!!! (scheduled to remain until 2/2009)! I don't know what to do! They apparently bought accounts that were discharged in my Chap 13 from 1996. All the accts they bought from original creditors are still on there as well, all with DLA's from 1996. Sherman is reporting these as "Collection Acct/Petition for Chapter 13" with a date opened of 2/2002. My Chap 13 was filed in 11/96 and discharged in 11/2001. How should I proceed? They are undoubtedly violating SEVERAL laws here. Should I dispute with CRA first or just call the F*ing bastards? I have never received a single piece of correspondence from them in my life. Please Help! -NiceGuy
I would send out validation letters ASAP!!!!!!!!! I know it's tempting to call, but you need the paper trail. I am very hot-tempered and get pissed sometimes and get on that phone. It almost cost me recently. I just had to backtrack and get that letter in the mail certified. As far as breaking laws etc, I don't know..not the expert, but PRINT out that credit report and get the validation letters mailed ASAP. Good Luck
Send the validation letters and make your paper trail. If my math is right (help me veterans) you've got them on 12 violations already. 3 attempts to collect on debt discharged in bankruptcy x 2 CRA reports = 6 violations 3 reaging accounts x 2 CRA reports = 6 violations -ingenue
Thanks!! How can I get their address to send letter to, since I have never rec'd anything from them? It is not being reported on the CR's either....
The section on your credit reports that lists the collections, should list the name and address of the ca's.
Check your states' corporation commission or secretary of state websites. If they are licensed in your state, all that info should be there.
From their site - they buy bk'd debts. SLIME Products Sherman purchases all types of unsecured distressed receivables including pre/post charged off & bankrupt/non-bankrupt distressed receivables. Below is a partial listing of the asset classes Sherman has participated in: Automobile Receivables Bank Card Consumer Credit Counseling Service Home Equity & 125% LTV Retail Card Student Loans Telecom Receivables Utilities Receivables
I would check the amounts they are reporting also. They have changed the amounts due on my reports after they have bought them from another agency.
How can they legally purchase bankruptcy debt if it's discharged, and more-over how the heck can they possibly even advertise it? The purpose of a bankruptcy is to get the monkey off your back isn't it?
I don't know how they can legally do this either. It is like their goal is to make those that file perpetually pay for it by inserting "new" collections and reaging all the included accounts. I will sue them if I have to. There have been cases in the past where the FTC has literally shut these types of places down. It is just very frustrating when this happens since all my accts and the BK legally fall off next year, and now this crap!
hmmmmmm NiceGuy, what have you decided to do? Seems they are deserving of a special letter all their own, in addition to a complaint with the FTC and your state's regulating agencies. They are showing on my report as well, same deal, discharged in C13, the original creditor was paid. They aren't listed as a collection agency licensed in my state either. There's a current thread going about the responsibility of the OC for the actions of CA's; the OC should never have sold them anything, or I wonder, do they just slime through the court files and find the accounts included, taking it upon themselves to collect from someone that's in BK trauma? or hoping you'll pay it in desperation when it shows up on a CR while trying to get a mortgage or car approved? Here's the current thread with opinion letter link: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=22079
oh good! then that opinion letter definately makes the OC responsible as well. What's the word for conspiring to de-fraud? No, that's white-collar nice, they are trying to steal, hmmmm, not trying they are stealing. That's like the OC giving Sherman the keys to my house, go ahead take what you want, I know they are gone for the weekend; they won't figure it out for a while, they've got kids, busy living and lots of stuff. Purposefully and knowingly = malice. grrrrrrrrrrrrrrrrrr
Hi NiceGUY - they hit me March 11 - we have about the same dates. I will hit my attorney and get him to write them a letter. NEVER heard of them before - they got me twice. We'll dog them - they cannot do this - we were discharged! Later - dogman
They buy discharged bk debt!! How can they do this? It's got to be illegal. They call it "distressed" debt, LOL. Should make them distressed CA!!! Gulf State finally got it, I guess Sherman will have to learn about creditnetters. ')
Dogman...are you going to first dispute it with the CRA's? Which CRA's did Sherman show up on? My attorney is an idiot so I don't think I should contact him. I have never received anyhting from them regarding any accts. I tried to contact them at the phone on their site but was told it was only for "sales". They told me the only way to dispute an acct with them was via the CRA's. Not sure where to write/what to write, etc, since they have never sent me anything trying to collect it, just posted on CR's. These people are shady, without a doubt. An acct showed uo on my TU last year from them and I disputed it as "Illegal collection acct/reaged/original debt was discharged in BK13 from 1996" and TU deleted it. This involves all three, though and several different accounts. Any ideas?
Hi NiceGuy! Always nice to read from you - aarrff! I will call my attorney - who was GREAT - we went through a similar issue with Wachovia transferring and re-reporting. He said they would stall but it would come off - HEY we were cleared - FU Sherman. I will send the CRAs a letter, then a followup by my guy in 30 days. Sherman probably does get money back - from people who are unclear on the Chap 13 concept - and the meaning of "Discharge." NiceGuy - just a thought - think they were using a debt list that still did not show us as "discharged?" Maybe I'll dispute it that way - I'll start the process. They showed up on EQX and CE - not sure about TU -currently blocked out - LOL! later - arrrfff - Dogman
http://bankruptcy-law.freeadvice.com/creditor_attempting.htm WHAT CAN I DO? If a secured creditor attempts collection efforts on a discharged debt, you can file a motion with the court, reporting the action, and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit. A violation by the debtor is civil contempt, which is often punishable by a fine. Title 11: http://www4.law.cornell.edu/uscode/11/index.html Dogman, I don't know how they could do that, use lists not yet discharged or in the process of being discharged, without going through the trustee. I had a CA being paid that moved with no forwarding address, it took seperate notifications and motions so the trustee didn't have to keep mailing a check, only to be returned. I was trying to find something in Title 11, it's pretty clear what you can't do, including this Sherman crap, I've just not found what you can do about it yet, beyond what it says in the first link.
