Need sample letter---FDCPA violation

[ErinIndiana]

What is the name of your state? Indiana

Hi all! I need help....do any of you know where I can get a sample FDCPA violation letter to send to my creditor that was discharged in BK??? Please help!

Erin

 

[Ladynred]

You've got more than FDCPA violations you got BK law violations !!! BK court can and will slam anyone caught attempting to collect on a discharged debt, so I'd use that law rather than the FDCPA.

Send the creditor/collector a cease and desist letter (look at www.creditinfocenter.com for one). In it you tell them that you filed bankrupcty, case # xxxx, filed xx/xx/xx, and discharged xx/xx/xx and that they were included (send a copy of the creditor matrix if you can as proof). Then you tell them that if they do not immediately cease an desist ALL collection efforts, you will file a Motion for Contempt and Request for Sanctions against them with the bankrupty court.

If that doesn't make them stop, then you go from there, but it should. Most of the time, the left hand doesn't know what the right hand is doing but you need to be very firm from the start and let them know that YOU know they're in deep doo-doo for trying to collect on a discharged debt.

 

[kwalla]

Erin,

I have a similar situation with a collection agency pursuing collections after discharge. I am going to file in small claims (thanks to the generous help of Bigun and Ladynred) for the FDCPA violations.
I would have went through the bankruptcy court but I heard (this may not be accurate) that you have to re-open your case to file the complaint. I am worried that would change my discharge date and I definitely want that behind me.

Anyway, I couldn't find any sample letters (FDCPA violations) but I will keep you posted on my progress if you would like.

 

[bigun]

Kwalla,

Here's another Cross Country Bank story about violating the bk stay.

http://www.delawareonline.com/newsjournal/business/2003/09/09crosscountryban.html

 

[kwalla]

Interesting stuff. Makes me think it may be worth it to reopen my C7.

Thank you again.

 

[ErinIndiana]

Get this guys.....

I called that witch at the collection agency and she said that since they didn't receive notification of the BK (they were listed eight different times, I don't know how that coudl of happened)....and that they have not violated any laws because THEY were not aware! What a crock! Is she correct in saying this? The company IS listed on my creditor matrix.

 

[HomeGuru]

Get this guys.....

I called that witch at the collection agency and she said that since they didn't receive notification of the BK (they were listed eight different times, I don't know how that coudl of happened)....and that they have not violated any laws because THEY were not aware! What a crock! Is she correct in saying this? The company IS listed on my creditor matrix.

**A: maybe she was not personally aware but surely her company was.
I call her a witch spelled with a capital B. Don't believe her load of crap.
The company is guilty.

 

[kwalla]

If I remember correctly, Ladynred posted case law that referenced "we didn't know" as NOT a valid defense for attempting to collect on a discharged debt.

I'm sure she can elaborate on this for you.

 

[bigun]

Here's the case.

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

 

[ErinIndiana]

Anyone have a nasty sample letter I can send to them??? he he


Thanks so much everyone!

Erin

 

[sjernie23]

kwalla? I believe you are correct about reopening the case. I am toiling with that idea currently as one of my creditors sold my account with them 6 months after the discharge. And now I have some witch with a capital B named northland group damaging my credit. But I too have the fear that reopening the case will change my discharge date. Does anyone know if that is what happens?