getting collection calls and letters post bk

[jinglbell]

I filed for BK 3/06, discharged 7/06, and have been getting collection calls and letters from several JDB. They are calling several times a day on debts that were discharged in my BK. One collector refers to the OC as their "client" (Great Seneca/Chase), which whom is well aware of BK. They had filed suit against me which was then stricken since I filed for BK.My CR does show the OC ad IIB.

As you may have read on other threads, the trustee is still deciding what to do about a property sale prior to the BK, however I do have the "Discharge Granted" papers.

What, if anything would be the best route to take with these phone calls and letters? Do I simply send them a letter stating that I dispute the validity?

I am not sure if I should include the BK specifics, or let them do their own legwork and possibly hang themselves on violations.

Any advice will be greatly appreciated as I have great faith in everyone"s knowledge thusfar. Thanks in advance!

[Methuss]

Simple, get the JDB's mailing address and send them a cease and desist with a copy of the discharge. Tell them that any further contact will result in you asking the judge to sanction them for violation of the US Bankruptcy code. Further you can threaten them with suit for violation of the FDCPA for trying to collect on known discharged debt.

[LadynRed]

With that cease and desist, you make sure you tell them that if they do NOT get lost, you will file a motion for contempt and request for sanctions against them for their illegal collection actions on discharged debts. Bk judges have little tolerance for this type of thing and a BK judge can smack 'em a whole lot harder than any local court for FDCPA violations.

Make sure you send those letters CMRRR, you need a paper trail if they don't stop.

[jinglbell]

Thank you so much for your responses. I will definitely get the letters out first thing in the morning. And I will be sure to send them certified, etc.

I am keeping a phone log and saving the answering machine tapes for possible future use.

I actually returned the first call, thinking it couldnt possibly be a collector. When I told them it was discharged in BK, they told me that I was STILL responsible for paying it. I responded with something I recall Ladynred saying somewhere along the way "violation of the permanent injunction afforded by BK...would be happy to reopen my case for their contempt so they can explain to the judge that I am still responsible...".

They told me they are not doing anything illegal.... Since then I get several calls a day, letters in the mail , etc.... and feel like I am back to the pre-BK days of having to keep my son away from the phone and answering machine.

Hopefully the letter you advise will end it once and for all. I wasn't sure if I needed to actually DV them, but now I know I need to C&D them. Thank you, thank you, thank you, everyone here is the best!!!

[LadynRed]

They are SO full of crap it's not funny. They ARE doing something illegal, violating the discharge injunction. They use this line with people they are hoping don't have a clue that they ARE breaking the law and are afraid enough to cave in and pay up. There is no point in a DV, you don't ask them to prove anything, you just tell them to get stuffed or you take them before a bankruptcy judge for contempt.