Jump to content

Ch.7 discharged 3 months ago,received collection call...


75K_CCdebt
 Share

Recommended Posts

the collection agency said they were NOT notified and asked for our BK lawyer name and number,i supplied that information.So if they call i should just briefly say they are violating a federal injunction and dont call anymore? i thought this whole thing was behind us now. :(

and,i do beleive capital one was notified.

Link to comment
Share on other sites

If they call again, I'd sue them for a willful violation of the federal injunction. Once is usually tolerated. Now they are on notice. If they do it a second time, that's when courts are more willing to dish out the penalty.

Ordinarily, it doesn't happen very often so I wouldn't expect more phone calls. But definitely check your credit reports (for free through annualcreditreport.com).

Link to comment
Share on other sites

One more thing. Capital One is too big to say they didn't get notice themselves. It is complete BS if they say they don't have access to BANKO. It is their responsibility to do their due dilligence before sending an account ot outside collections. Further it is their responsibility as the creditor to recall any collection account they send to third parties if sent prior to notice.

The fact is you have Capital One on a constructive violation of the injunciton either way. They have a duty to obey the injunction, yet they have failed to do so either purposely or ignorantly.

So if you get another call from any debt collector, not just this one that called, then you go after CapOne for violating the injunction.

Link to comment
Share on other sites

thanks so much for advice :)

Honestly,I hope they do call back,all 3 other cards made payment arrangements but Cap1 didnt help us at all in a desperate time.How would I prove that they had called again anyhow?

BTW,what am I looking for on my credit report?

and should I contact my BK lawyer?

sorry to be such a pest :(

Link to comment
Share on other sites

How would I prove that they had called again anyhow?

A little $19 device from Radio Shack that lets you plug a tape recorder into your phone line and record the call. It's pretty simple really.

You just answer the phone. Hit the record button and say the following:

"Who is calling?" (Make them identify themselves)

"Let's see today is [date]. You're calling about what account?" (let them identify the account)

"Oh really? You are aware that this was discharged in bankruptcy on [date]?" (yes or no)

"I really should tell you that I have recorded this call for use against [creditor] for violating the injunction. If you call again, I will also use it against your company. Have a nice day." (hangup and stop the tape)

There's how you document a call for proof. You only have to worry about State laws on recording if the collector is in your own State -- then you have to obey that law. But if the call is crossing State lines the Federal law applies and that means only one party must be aware of the call being recorded. Letting them know is just a "courtesy." :-)

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.