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.
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.
A: Just give them your case #, the district you filed in, and your attorney's name and number and hang up.
A: Absolutely. Then tell them if they call again, you’ll seek contempt sanctions for violation of the stay.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.