I filed bankruptcy (chp 7) a couple years ago. The bankruptcy was discharged w/o any creditor fighting it. Now a creditor who was listed in the bankruptcy petition, properly notified and did not object the bankruptcy has hired or sold the debt to a ruthless collection agency (CA).

I informed the CA of the bankruptcy but they want specific details of it, which I can understand. They also want my bankruptcy attorney’s contact information. However, they want additional personal information (name, address, ssn, bank, work, etc).

What am I legally obligated to provide the CA?

PS - I have only received constant harassing phone calls from this CA. I have received nothing in writing.

I would speak with your attorney. My understanding is that once the bankruptcy is discharged creditors have no additional recourse. If a creditor failed to make a claim during the bankruptcy that is there problem, not yours.

Since they are phone calls it may be more difficult to prove/resolve, but once you receive something in writing it would be easier for you to pursue them in court.

These right-wing leeches buy up uncollectible paper at a few cents per pound then hope to recover something by brow-beating and scaring people. You don't owe them anything. You could just continue telling them to fuck off, or you could contact your bankruptcy attorney who would typically send a letter informing the shysters that all future communication on the matter should be with him or her. That will be the end of it. These people prey on the low-hanging fruit.

Send the creditor a copy of your bankruptcy discharge with a list of the debts included in the bankruptcy. You are not legally obligated to provide the collector with anything, but this may be the fastest way to make them stop calling you.

You may have a cause of action for damages for a violation of the bankruptcy discharge, so speak with your bankruptcy attorney about pursuing this remedy if you can't stop the calls.

The next time the phone rings pick it up and answer with a heavy Austrian accent in broken English. Not Asian...not Latino...Austrian. Be sure to mix in a double does of sleepiness/aloofness and state the person they are calling about no longer lives there.

HELP! Wrote:
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> I filed bankruptcy (chp 7) a couple years ago. The
> bankruptcy was discharged w/o any creditor
> fighting it. Now a creditor who was listed in the
> bankruptcy petition, properly notified and did not
> object the bankruptcy has hired or sold the debt
> to a ruthless collection agency (CA).
>
> I informed the CA of the bankruptcy but they want
> specific details of it, which I can understand.
> They also want my bankruptcy attorney’s contact
> information. However, they want additional
> personal information (name, address, ssn, bank,
> work, etc).
>
> What am I legally obligated to provide the CA?

Record the conversation if possible and let the debt collector know that you are recording the conversation. Inform the debt collector that they are violating your bankruptcy discharge. Send the debt collector a copy of the filing and the discharge if you have it. In the alternative, provide them with a case number that the debt collector research. Lastly, keep a journal of days, times and the name of the person that called you and what was discussed - i.e., you informed the debt collector that the debt was discharged. You may be able to seek damages against the debt collector.

no not say 7 yr ago (the clock depends in certain situations though)

BUT yes if it was not a limited action, ie, a life of crime

BUT yes if you avoided payment (could have). the clock never stops if you avoid

limitation is a curteousy for those participating in law, not for court dodgers

hGYmF Wrote:
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> no not say 7 yr ago (the clock depends in certain
> situations though)
>
> BUT yes if it was not a limited action, ie, a life
> of crime
>
> BUT yes if you avoided payment (could have). the
> clock never stops if you avoid
>
> limitation is a curteousy for those participating
> in law, not for court dodgers

This is incorrect, once the bankruptcy was completed, the creditor had not right to pursue the debt. The 7 years only applies to how long that bankruptcy appears on the OPs credit report.

Remember when the only legal issues we had on FFU were DUIs and divorce attorneys?

First of all, the collector has to validate the debt. Look how to do this, and do it ASAP.

This post:

http://www.fairfaxunderground.com/forum/read/2/1595705.html

has some more good advice.

If you really think the debt is uncollectible per your bankruptcy, write the collectors and tell them to cease and desist.

If they do not cease and desist, sue them in Small Claims Court for harassment and inflicting mental distress. Just make sure you serve their registered agent, not the PO box they use. This information is easy to get.

If they don't show up you get a default judgement against them. Now they have a problem.

Somewhere I read some guy did this to a collection agency. He could not find their bank account but they did have a website for making payments. He attached their domain name and turned off the payment thing. They paid him real fast as he'd just nuked their cash flow!

OP making up numerous troll threads along these lines.

bump

Attorney, J. Douglas Lewis, of 7500 Diplomat Circle, Manassas, VA does medical collections.

Even if you settle and pay him, he takes a very long time to get the cases dismissed, so you have to wonder about this.

When I dealt with him, it took the mention of sanctions to get him to move.

INOVA should not use this guy.

i continually get calls from fx. co. debt collectors after disputing the charge and asking them not to call. i don't beleive they are legit collectors either. i said "sue me - i'm suing fairfax - and i want them in court"

what fx. co. did is falsely tell a creditor i owed money that they owed. and i can prove it.

they sold false debt to a creditor (if i even beleive the phone call was legitimate)

and they did this while legally harassing me otherwise and skipping court

Xy4w9 Wrote:
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> i continually get calls from fx. co. debt
> collectors after disputing the charge and asking
> them not to call. i don't beleive they are legit
> collectors either. i said "sue me - i'm suing
> fairfax - and i want them in court"
>
> what fx. co. did is falsely tell a creditor i owed
> money that they owed. and i can prove it.
>
> they sold false debt to a creditor (if i even
> beleive the phone call was legitimate)
>
> and they did this while legally harassing me
> otherwise and skipping court

Sven, you owe everyone money, that's why they're calling you. Also some of those calls might be the voices in your head trying to get you to bathe!

What I would be doing ASAP is to not give them a warning and file a civil suit against them immediately.

I would charge them with violating the Fair Debt Collections Practices Act for:

1. Misrepresentation of the alleged debt
2. Attempting to undertake a legal action that they are not entitled to

And depending on which state the debt collector resides in, you may want to consider:

- Suing him/her and their spouse if they reside in a common-law partnership state
- Suing him/her and their employer if they reside in a state that has state-level law that mirrors the FDCPA (like Texas, Washington, and California)
- Filing a complaint with the Consumer Financial Protection Bureau

Don't use a lawyer. Do some legal research and really string them by the balls. Watch them squeal as they open their wallets to you for easy plundering.

Show them no mercy.

Hmmm... Wrote:
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> These right-wing leeches buy up uncollectible
> paper at a few cents per pound then hope to
> recover something by brow-beating and scaring
> people. You don't owe them anything. You could
> just continue telling them to fuck off, or you
> could contact your bankruptcy attorney who would
> typically send a letter informing the shysters
> that all future communication on the matter should
> be with him or her. That will be the end of it.
> These people prey on the low-hanging fruit.

Collection agencies perform a very valuable service collecting debts from those left wing leeches that think they don't need to repay the debts that they incurred by entering legally binding contracts. These left wing leeches use the product or service purchased then choose not to pay for it. If there were no left wing leeches there would be no collection agencies. So go fuck your self, pajama boy.

collectors = slime Wrote:
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> Somewhere I read some guy did this to a collection
> agency. He could not find their bank account but
> they did have a website for making payments. He
> attached their domain name and turned off the
> payment thing. They paid him real fast as he'd
> just nuked their cash flow!

Made-up bullshit, duh!

Troll Alert Wrote:
-------------------------------------------------------
> OP making up numerous troll threads along these lines.

Remember when the trolls at FFXU were halfway good at it?

Hmmmm...... Wrote:
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> Collection agencies perform a very valuable
> service collecting debts from those left wing
> leeches that think they don't need to repay the
> debts that they incurred by entering legally
> binding contracts. These left wing leeches use the
> product or service purchased then choose not to
> pay for it. If there were no left wing leeches
> there would be no collection agencies. So go fuck
> your self, pajama boy.

Stupid dumb fuck. Discharged debts are legally uncollectible. That's what discharged means. Haven't you done fifth grade yet, you fucking moron?

Simple Your creditor sold your credit debt to a collection agency. So you are fucked.

Never Run Out of Ammo

Guns Don't Kill People. People Kill People

Them or You

The two most important days in your life are the day your were born and and the day you find out why

LOL... Wrote:
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> collectors = slime Wrote:
> --------------------------------------------------
> -----
> > Somewhere I read some guy did this to a
> collection
> > agency. He could not find their bank account
> but
> > they did have a website for making payments. He
> > attached their domain name and turned off the
> > payment thing. They paid him real fast as he'd
> > just nuked their cash flow!
>
> Made-up bullshit, duh!

The attached website was paymannbracken.com. This happened about a year before Mann Bracken went under. He "owned" the domain and disabled the payment processing code.

Can a man shit uphill?