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!Ask a similar question
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.comAsk a similar question
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.Ask a similar question
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: email@example.comAsk a similar question
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 signedAsk a similar question