Persistent Collections after discharge

[kwalla]

What is the name of your state? New York

I received a C7 discharge on October 5, 2003. Since that date I received a letter (I saved it) in November for a $50.00 collection bill that was included in the bankruptcy.
Yesterday (12-13-03) I just received another letter in the mail from this same collection agency.

I contacted my lawyer about this situation (they were calling after I filed and sent letters throughout the proceedings). I also called him in November again when this letter was received.

I know that attempting to collect on a discharged debt is violating bankruptcy and FDCPA (?) law. At this point, I would like to know what other steps I can take to ensure this collection agency is prosecuted for their actions. As this is the sixth time they have made contact with me since I filed, I feel like I have given them ample opportunity to stop. I filed a complaint with the FTC in November.

(This bill was for a cancelled dentists appointment with 48 hours notice, so even before I considered bankruptcy, I was never going to pay it)

Thank you all for your time.

 

[bigun]

Sue in smal claims court for FDCPA violations. Do it yourself you don't need a lawyer.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

I'd suggest they violated 806, 807 and, 808.

 

[kwalla]

Thank you so much bigun. That gets me started in the right direction.

Two questions.

1. Do I need to file my claim in the town of the collection agency or my own?

2. How much do I sue for?

Thank you so much for your help. I am prepared to do this without an attorney if I can acquire all the information so I am well informed.

 

[bigun]

Read the FDCPA. You may sue in a court of competent jurisdiction which, means your hometown. Sue for the stautory max. of $1000.
A great site to ask this question is www.creditboards.com
Lawsuits against collection agencies fly out of that site. Get started by reading the entire FDCPA.

Just had another thought. Pull your credit reports and see if the ca made an inquiry post bk. If so, you have an FCRA violation -a non permissible purpose to pull your credit report. That's another $1000.

http://www.ftc.gov/os/statutes/fcra.htm

 

[kwalla]

I filed for bankruptcy on 06/30/03. They made an inquiry on 07/14/03.

I will read the FDCPA now. I am having problems registering on the creditboards for some reason. I never get the activation
e-mail.

When you said that the inquiry on my credit report is another $1000, would each violation (806, 807, 808) be another $1000 each?

Edited: To add that I read this section of the FDCPA but it doesn't clearly read if each violation constitutes a seperate fine.

Bigun, thank you so much for helping me with this.

Edited : Would the bankruptcy violations be seperate from the FDCPA violations? Meaning, is there somwhere I should report this activity to that is primarily concerned with bankruptcy law violations? I have noticed that trying to find a lawyer in my area that is well-versed on the FDCPA is very difficult. I am in the process of submitting a complaint to my state AG.

 

[bigun]

You can sue for a $1000 per violation but in reality, you'll get up to a $1000 for the case . Judges can award damages of $100 up to $1000 for the FDCPA violations. The non pp pull on the FCRA is a statutory $1000.
When you fill out the SC form, just weave the story that all of these violations are due to the violation of the automatic stay. I don't think you have to be real elaborate for SC but there have been some masterpiece SC lawsuit templates posted at creditboards.
Keep trying and if you still have trouble. post again and I'll contact the site moderators. They did post the email servers will be down for about 30 minutes tomorrow for upgrades so, that may be part of the problem.

 

[kwalla]

Bigun:

I was able to access the boards after retaining help from the admin of the site. Thank you.

I posted the information over there and received a confusing response.

They stated that suing for the FDCPA violations would need to be addressed in a federal court not small claims.

If that is the case, would I still have a solid case without the FDCPA violations? (The more I ask you the more I realize I may just need to retain an attorney)

I am very grateful for your input and expertise. Thank you.

 

[bigun]

You can sue for FDCPA/FCRA violatrions in your small claims court.
I saw your post and that link is from a gal who really does know what she's doing but, her situation is far different. She has sued a CRA for some big bucks {6 figures} in her district court and they bumped it to Federal. No collection agency in their right mind {if they have a right mind}would try and bump a FDCPA/FCRA violation where their exposure is at most a grand or 2 into Federal Court where they could potentially really get whacked much less, have to pay legal fees through the roof. Jessica is darned good and very sharp but she really has gotten herself in a prime time situation.
Just start reading the FDCPA and, the FCRA . Many have sued in small claims and they'll be about to answer questions. Be patient. You've a year to bring an FDCPA action and, 2 years to sue for FCRA violations.

 

[Ladynred]

Did you or your lawyer send the CA a nasty letter telling them that if they do not immediately cease and desist their illegal collection efforts that you will file a Motion for Contempt and Request for Sanctions with the Fed. BK court ?? If not, its time to use it. Your BK would have to be re-opened to do this, but with such blatant violations, I'd do it.. and get the Fed. BK court to slap them - HARD !!

 

[kwalla]

Just an update for bigun and lady...

There is a website from a lawyer in PA that has the forms and steps you take to file a small claims suit for the FDCPA violations. My sister is a paralegal so between the two of us, we are doing all our homework before moving forward.

We are both finding conflicting information is the FCRA violation can be addressed at the small claims level.

As things progress I will continue to post. The learning experience should be a benefit to share with everyone.

 

[Ladynred]

FDCPA has a MAX violation of $1000, FCRA does not. If your claim would put the dollar amount above that of your small claims, then the next higher court would be what you'd use. You can get substantially more for FCRA vioaltions than you can for FDCPA. That would be the limitation - the dollar amount of your claim.

The law states for either that you can sue in 'any court of competant jurisdiction' - it does NOT have to be Federal Court.

I'd still go after them using the BK court, it holds a LOT more weight.

 

[bigun]

Don't give up on creditboards. Fleash out your thoughts and ask questions. That site really does have some pretty sharp laypeople who've been in the small claims arena .