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7 YEARS SINCE BANKRUPTCY DISCHARGE WITH NO ADVERSARY COMPLAINTS. WE ARE NOW RECEIVING HARASSING CALLS, DEMANDING MONEY!

El Cajon, CA |

My husband and I filed Ch 7 Bktcy, and was DISCHARGED August 2005, PRIOR to the Bankruptcy Reform of 2005. At the time, we were living in an RV/Fifth-Wheel, that was owned by Fifth Third Bank. We continued to make payments on the RV, eventhough we had not signed anything reaffirming the debt. ALL CREDITORS WERE SERVED re: the Ch 7 Bktcy, and there were NO OBJECTIONS AND NO ADVERSARY COMPLAINTS, BY FIFTH-THIRD BANK. No one repossessed any items, and ALL LISTED THEIR ASSETS AS 'CHARGE-OFFS, OR DISCHARGED IN CHP 7 BKTCY",INCLUDING: FIFTH THIRD BANK. We are receiving THREATENING calls, & being told that "INVESTIGATOR NORTON" will be "after us" and is working with our local police. The RV has since been confiscated by local police and sold at auction over a year ago! I've explained all this!

Now they are saying that regardless of anything we owe them $53,000.00! (Which is more than the original debt). They say that we can be imprisoned, for allowing the police to confiscate the "black mold ridden RV" (CONFISCATED FOR ILLEGAL PARKING!), and we owe the debt or "serious consequences" will befall us! I thought they could not harass us, since there were no adversary complaints filed by them at the time of bankruptcy, and there was no reaffirmation agreement signed. These calls have been going on for 3 years now! How can we stop them? By their own admittance, 5 credit reports show the debt as DISCHARGED IN CHP 7 BANKRUPTCY! SO how can they threaten us? WE EVEN TRIED TO GET THEM TO COME GET THE RV! THEY REFUSED! SAID THEY WANT MONEY! ** 9/11/12 - A Debt Collector/Repossessions agent just came to my home!

Attorney Answers 5

Posted

I think you have two concerns. One is can you take action against the collector for abusive collection, and the answer is yes, and you should probably reopen your bankruptcy case to do this.

The second concern is what can the collector try to do? If the collector does anything more than "mouth off" and files suit, your bankruptcy discharge is your defense.

In short, get in touch with your bankruptcy attorney for help!

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3 comments

Asker

Posted

Thank you for your answer, Attorney Bunce, However, The law firm that we used to file bankruptcy, is no longer in business! Now what do we do?

Dorothy G Bunce

Dorothy G Bunce

Posted

Find someone in the community that loves handling bankruptcy litigation. This ought to be a very attractive case for a litigator, as the penalty to the collector will include a substantial award of legal fees. Good luck!

Asker

Posted

Thank you so very much, Attorney Bunce! I will seek out an attorney right away. This has been a nightmare, with all of the lies and threats from Fifth Third Bank's Collections Dept.

Posted

These are very serious infractions you are describing. You should immediately contact an attorney to communicate with this collection company. The discharge injunction is designed to protect you against these threats and collection efforts.

I am happy to answer general questions about my practice areas on this website. . However as I'm sure you understand we do not have an attorney/client relationship. Therefore my suggestions do not constitute legal advice. I urge you to contact counsel in your jurisdiction from whom you feel you can obtain trusted information. http://www.drescherlaw.com

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Posted

My colleagues give entirely accurate answers. If these calls continue, report them to the State Attorney General's office. If they sue, get a lawyer but you are almost certainly in no jeopardy.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

From what you have writen here it appears that this Fifth wheel vehicle was listed in your bankruptcy and the debt associated with it was discharged and no reaffirmation was signed yet the creditor is still trying to collect on the debt.
To make matters worse this creditor is threatening you with jail if you don't pay. This appears to be a violation of the Fair Debt Collection Practices Act. A collector cannot threaten to take any action (like imprisonment) that cannot be legally taken according to the act. Nor can they threaten any action that they have no intention of taking.
Also there is a bankruptcy discharge violation. If this collector is indeed attempting to collect on a debt that was discharged in bankruptcy then that is a violation of bankruptcy laws.

Both issues need to be addressed and I agree with you when you said that you need a San Diego attorney.

Phone: (619) 702-5015, E-mail: farquharesq@yahoo.com

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Do not communicaye with the Collector. Have your attorney sue the collector in Federal Court. You are entitled to damages and your attorney can get paid by thge Defendant in a violation of the FDCPA.

Asker

Posted

Thank you both so very much for the information. I was almost certain that they were violating the FDCPA, but just needed reaffirmation. Attorney Douglas Farquhar, you are very informative. I am not talking with the Collections Department at all. I just told them, the first time that they called: "I believe you are making a mistake and should not be harassing us". (I left a message). I have received multiple return calls, stating that there is no mistake, and the are "attempting to collect on a debt and to make no mistake about it". I have not responded at all. My cell phone records show over 20 calls in the past 8 days. This new woman collector that they have now, is totally in "denial" about the gravity and magnitude of the bankruptcy laws and their violations. Yes, the debt was discharged in bankruptcy, there was no reaffirmation agreement, and the bank made no adversary complaints at all. It has been SEVEN years! We are so tired of being harassed and threatened by these thugs. By their own admittance, in writing, they have reported to the credit bureaus that the debt was "discharged in Ch7 bankruptcy June 2005". I may be contacting your office, after I speak with my husband, because the calls are still coming. Thank you again, and God bless.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Can you tell me what is the name of the Collector's Company?

Asker

Posted

Fifth Third Bancorp Bankruptcy and Repossessions 877-812-0490 hope that helps

Asker

Posted

They also use a two-bit debt-collector to "threaten people", He goes by the alias: "Investigator Norton". He actually calls folks and tells them that he is working with their local police department to collect on debts.

Asker

Posted

After I posted here on Avvo... The calls abruptly stopped! Wow! Thank you everyone!

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Thank you for your information. If they used the Sheriff is coming to get you routine you may have a good FDCPA case. Talk to an attorney in your local area.

Asker

Posted

Yes, in fact they did use that scare tactic. To the point that we bought the first home we could get...out of literal fear that we would be homeless due to a sudden and unanticipated seizure of the RV. "Investigator Norton", told us that they would be coming "at any time of day or night" to get the RV, (prior to our purchasing a home, literally out of fear). Once we bought the home, and called them to come and get the RV, we were told that the bank wants the money, and when a sheriff did show up, (to impound the RV), we were frightened to death. We lived in fear, over those threats for seven years. Apparently, Fifth Third Bank thought that the "scare tactics" would get us to agree to pay them, even though the debt was discharged. It did not work. ..and I have more knowledge of the deceitful practices of institutions like theirs, as well.

Asker

Posted

OH MY GOD! You will NOT believe what just happened. A local "REPOSSOR" on behalf of Fifth Third Bank, just showed up at my home. I explained the bankruptcy, and our efforts to get them to pick up their RV over a year and a half ago, and stressed that the DEBT WAS DISCHARGED in Chp 7 Bankruptcy 7 years ago. The collections rep/repossessor had NO IDEA that there was any bankruptcy involved. He left his card, and asked me to call their office and explain so that they don't continue to send more aggressive collectors to our home! What the heck do I do now?

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Contact a local Consumer lawyer ASAP.

Asker

Posted

Will do! Thank you so very much for your assistance. You have displayed the type of tenacity and fortitude that exemplifies a QUALITY COUNSELOR of the Law. You are further, a good person. Thank you.

Posted

I'd also like to add that this may be a scammer. Bankruptcy records are public and people do access these records in order to scam prior debtors.

Absolutely Call the FBI asap.

Matthew Johnson (Johnson Legal Group, PLLC 206.747.0313) is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed

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Asker

Posted

I do appreciate your input Attorney Johnson, however, the telephone numbers that they are calling from do trace back to the original lending banks' Repossessions Department.

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