Dumfries, VA asked in Bankruptcy for Virginia

Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

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5 Lawyer Answers
Mr. Chad Van Horn
Mr. Chad Van Horn
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL

A: Yes. Give them your case number and discharge order. Also, if you have the schedules that show they were listed as a creditor you can send that as well. If they continue, speak to your bankruptcy attorney and they can go after them for a discharge violation.

Bruce Alexander Minnick agrees with this answer

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Just give them your case #, the district you filed in, and your attorney's name and number and hang up.

Bruce Alexander Minnick agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Absolutely. Then tell them if they call again, you’ll seek contempt sanctions for violation of the stay.

Bruce Alexander Minnick and Robert R Weed agree with this answer

Robert R Weed
Robert R Weed
Answered
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: After you give them your BK case number, do a little research. It sounds to me like this is an underground debt collector. Sometimes the Federal Trade Commission goes after them, if they get enough complaints. So you may be able to get them prosecuted.

IF they seem to be a legit outfit, meaning somebody would answer if the sheriff brings court papers, this sounds like a Fair Debt Collection Practices violation. Your lawyer might know lawyers who do FDCPA work in your area, or you can research it yourself.

Calling family members is out of bounds, even if the debts were still enforceable, which this one isn't. So complain to Federal law enforcement or find a lawyer locally who is qualified to go after them.

Bruce Alexander Minnick agrees with this answer

Kevin M Rogers
Kevin M Rogers
Answered
  • Bankruptcy Lawyer
  • Boise, ID

A: Yes you should definitely do that. The Fair Debt Collections Act (FDCPA) prohibits debt collectors from attempting to collect a debt that has been discharged AND/OR attempting to contact the debtor or the debtor’s family for information. This is probably an ignorant mistake. If you tell the debt collector the case number and the next day they call the debtor or debtor’s family then I would file suit against the debt collector and his employer.

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