Collection contact after discharge

[kwalla]

What is the name of your state? New York

The only account that was in collection when I filed for C7 was a $50.00 bill from a dentist. I cancelled 48 hours prior to my appointment there were no services rendered.

The dentist kept sending me the 50.00 bill which I refused to pay. They sent this account to collection.

This bill was included in my bankruptcy.

The C7 was discharged on October 5, 2003.

I received a letter yesterday from the collection agency. Should I forward it to my lawyer? send them a letter? ignore it?

I searched for this subject because I am sure its been answered before, however, I could not find the information.

Please advise and thank you for your time.

 

[bigun]

Collecting an account that was IIB is not only a violation of the bk laws but, it is also a violation of the FDCPA. Yes, let your lawyer know. Pull you credit reports and see if the collectot made an inquiry after you filed for bk.

 

[kwalla]

There was an inquiry from this collecter on 07/14/2003.

I filed on 06/30/2003

I pulled 2 out of 3 reports, for some reason the verification for Experian didn't work, but the others did.

 

[anadude]

answer to your question, i'd just ignore it at this point, if they continue then i'd just mail them a copy of your discharge.

 

[kwalla]

To be honest, I don't want to ignore it. I want it resolved.
I filed a complaint with the FTC. I will contact my lawyer tomorrow with all the information.
I kept logs of the phone calls and have retained the letters.

I appreciate the feedback. I looked all over for a modified C&D to send them (something with violations mentioned) but I didn't see anything that was applicable to this case.

 

[bigun]

According to this recent appeals court opinion, the collection agency does not even have to know about the bk to be liable.

http://caselaw.lp.findlaw.com/data2/circs/7th/023511p.pdf

 

[kwalla]

Very interesting case law. Hopefully I can convince my attorney to handle this. I am not sure if the fee I paid my attorney was for the bankruptcy filing/representation at the 341 only.

I notified my lawyer twice that this CA was still contacting me after the initial filing. They should have on record when they sent notification.

Anything else I should do?

 

[no_more_money]

When you get them in the mail just put return to sender and your attorneys # on them then you have nothing to deal with - We have been doing this and it has worked so far !!