I filed for bankruptcy last year and my case has since been both discharged and officially closed. ALL my creditors were listed on my schedules and thus informed via the bankruptcy clerks office of the filing and automatic stay, and likewise of the discharge. I went through my bankruptcy pro se, and therefore do not have an attorney to forward everything to....yet. I would just like to know where to start in taking care of one particular creditor that continues to call my home, cell AND work as well as send threatening letters demanding full payment at once. FYI this debt was listed and discharged in my chapter 7 and was NOT a student loan or other non-dischargeable debt. Also I have personally sent copies of the court doc.s and verbally given them my case number, etc., over the phone
It is amazing how fast creditors stop harassment once they get sued. This creditor's conduct is illegal -- under federal law if it is a collection agency or debt buyer (Fair Debt Collection Practices Act) -- and under state law regardless of who they are trying to collect on behalf of (Michigan Collection Practices Act). These statutes allow you to recover your actual damages or statutory damages (whichever is greater), plus your costs and attorney fees. It sounds like you have the harassment well documented. You've already been through enough - I'd say contact an attorney without delay. Most collection harassment attorneys (including myself) just love to going after this type of debt collector!
If you are dealing with a collection agency, as opposed to a first-party creditor, then Section 1692c(c) of the FDCPA addresses your concern. You should mail the creditor a cease and desist letter certified mail return receipt. Be sure to include the following information in your letter: (1) your full name, (2) your address, (3) the account number, and (4) the reference number. Your letter should request that the creditor stop all further communications with you.
On the other hand, if you are dealing with an original creditor, you should mail the original creditor a letter, certified mail return receipt, with the documents showing the debt was discharged in bankruptcy. If the original creditor continues to call you, file a complaint with the Better Business Bureau.
You may also want to speak with an attorney about this issue.
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