Does the amount of damages have to be specified in a complaint to initiate an adversary proceeding for a stay violation?
3 attorney answers
No. In a complaint for sanctions for violation of the automatic stay, the amount of damages do not have to be specified. The complaint can ask the court to hold the creditor in contempt of court for willfully violating the automatic stay; and award the debtor compensatory damages, punitive damages, costs and attorneys fees.
The information contained in my answer is provided for informational purposes only, and should not be construed as legal advice.
You can allege that you have been damaged in an unspecified amount to be proven at trial, but there must be some sort of damage, usually financial, that you must be able to prove. In addition, you must give notice to the offending party to stop the violation of the stay before you file an action, attaching the communication sent to the offending party to the adversary to show that you have made a reasonable effort to resolve the violation.
Filing an adversary proceeding is not something that you should without the assistance of an attorney. You should contact the self-help center for assistance and an appointment with an attorney, The web site is : http://www.azb.uscourts.gov/filing-without-attorney
Any comments herein are general in nature and may or may not apply to your specific jurisdiction and/or specific issues about your debt and/or your case/finances. My comments herein are not intended and should not be construed as creating any attorney client relationship as none exists.
These sort of cases can be very fact determinate and more information is needed.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.