upsetting bankrupty Call what do I do?

**Josephhgoins** · 07-12-2011, 10:22 AM

My Mom filed Bankrupty earlier this year. She had gotten into those payday advance and car title loan rip offs and couldn't get out of it any other way. Not making excuses for her, we all have our own reasons for our mistakes.

One of the companies called her this morning and left a very threatening message and then while she and I was discussing it left a voice mail for me here.

They said they would be coming to her home and place of employment that they would track her down and would pursue charges.

I called back and asked to speak with someone and they hung up on me. I called again and told them that they were not to contact this number for my mother EVER again and that I had not filed bankruptcy and had the financial wear withall to sue them for harrassment. (I was yelling at this point).

Mom is calling her attorny and he will take care of it from her side. What I want to know is do I have any legal recourse? Can I sue them for making harrassing calls towards me if they call back?

Thanks everyone, I never knew how big of an ass bill collectors could be.

**alotofgooddeals** · 07-12-2011, 10:36 AM

At one time...I had one calling me and everytime we would end up in a yelling match...No i dont handle things gracefully....its one of my faults and i am working on it... So one time when they called me and said things that they should not say....i told them that this phone call had been recorded to ensure courteous service....he blew up....and said that's illegal blah blah blah blah and that you can only record if the person knows the phone call was being recorded....so i then informed him that he now knew that this phone call was recorded and the next time he called my house he better be courteous or......they still called but weren't jerks about it eitherl....

**Contrary Housewife** · 07-12-2011, 10:38 AM

Your rights: Debt Collection FAQs: A Guide for Consumers

In short, tell them in writing to piss off and if they don't you can sue them for harassment.

**Nishu** · 07-12-2011, 11:06 AM

So she's filed for bankruptcy but the bankruptcy hasn't actually finalized yet? Or are they trying to collect a debt that's already been, whatdayacall it, cancelled?

I wuoldn't put money into a lawyer just yet, personally. This type of thing happens all the time and they're basically just trying whatever they can to squeeze whatever money they can out of her. Phone calls are probably going to be as bad as it gets.

I'd try to get their information and send them a cease and desist letter. If they don't want to give you their information, I'd trying saying "So, if I were to send a payment, where would I send it to?" Then send them that. (Don't promise them a payment.) I have no idea if that would work.

Don't get too wound up. This is what they do. They can't "pursue charges" or whatever that means. They might call her work, though I don't think they're allowed to tell her work why exactly.

Anyway good luck. Sounds like this group just doesn't care about the laws so it's kind of hard to say what to do about it.

Cease and Desist Letter Template For Debt Collectors - Cease and Desist Letter

**Ceashels** · 07-12-2011, 12:59 PM

SAVE THE MESSAGE THEY LEFT on your machine. It is evidence of inappropriate practices by the "collection agency." I've heard DR speak of people suing the collection agencies and winning.

**Josephhgoins** · 07-12-2011, 02:19 PM

Mom's bankrupty has been discharged, so they aren't supposed to contact her at all.

The lawyer said to ignore them and the next time they call to tell them to kiss her a$$.

I was thinking about posting there number somewhere so they would get a lot of unwanted calls.

I checked out the penal code in NC, and here it is not only illegal to make harassing phone calls, but it is illegal to let someone use your phone to make a harassing phone call. So I could push for charges against the person and his company.

I deleted the message on my machine, but Mom still has hers.

Now that I am informed about what is legal and not, I sorta want them to call back.

**Libby** · 07-12-2011, 02:38 PM

Now that you know whats legal and not - write them a letter and tell them that you know what they're doing is illegal. Request that they stop contacting you immediately and should they continue, you will file a harassment claim.

I hope things work out for you.

**Eskielover** · 07-12-2011, 03:51 PM

Check out the Federal Fair Debt Collection Practices Act to find out YOUR rights. I believe it is unlawful to speak to anyone about another persons debt. If your name is not on the debt/loan they were trying to collect, then they cannot speak to you about it.

Next time they call you--hit the memo button on your phone, tell them they are being recorded. Save it. Then call them back and ask for the legal department.

I also believe that it is unlawful to try and collect a debt that has been discharged in bankruptcy.

Eskielover

**Nishu** · 07-12-2011, 06:44 PM

If her debts have already been discharged and they're still calling, that's a much bigger deal. It would probably be fun and satisfying to sue them or at least file a complaint, but I think that after you and your mom study up on your rights and let them know that you know they're full of ****, they'll back off.

**frugalwarrior2** · 07-12-2011, 07:00 PM

I would talk to them about the most boring thing I could imagine in a long winding monologue. They have tons of calls to make. If they take up my time I take up theirs. It's how I got rid of the telephione solicitors.
Hi Paul. I was wondering if you'd call back. Where were we last time,oh yeah,as i was saying I was watching this ant crawling in the sun the other day. It was fascinating. It went up AND down, winding in and out. Over this gum wrapper. Yeah and i was thinking. why, is there a scent trail,does it have a mate it cares about,does it have to be home at a certain time,Paul,did you hang up on me again......

**shoiji** · 07-13-2011, 12:00 PM

I am sure the local news station would be interested in running the story. Nothing like having cameras aimed at you while you try to explain illegal collection practices.

Just a thought.

**annymoll** · 07-13-2011, 07:40 PM

Did she leave ANY debts out of her bankruptcy? Sometimes people "forget" one or two credit cards and leave them open, then default.Here come the phone calls..From the things you have posted about your mom, I get the idea she could be a bit sneaky.

**NikoSan999** · 07-13-2011, 08:15 PM

So if the bankruptcy has been discharged the attorney is out of it.
It is illegal. Cut and dried. Also they should not be calling you unless you co-signed.
Next time they call when you see the number push to record. If your recorder dosen't record you can get a voice activated one at Radio Shack. Play with it until you get it set right.
Tell them ASAP that they are being recorded. It's the law. It's illegal to record someone without their knowledge. After that ask " what company, their personal name, repeat the date and time."
They may or may not get nasty. Some don't care. However, either way, with recorder running, tell them do not call anymore. If possible get in the conversation your moms bankruptcy and " you do know she filed bankruptcy and it has been discharged don't you?" Get an admittance if possible.
Keep this tape. Set it up again. Now you have proof they have been told not to call...hopefully you have them admitting they KNOW about the bankruptcy.
Now see an attorney. Remember, above all, TELL THEM they are being recorded at the very beginning.
One thing...annymoll said...have you seen the papers filed? Do you KNOW they were filed in the bankruptcy? If they weren't it's to late now. Discharge is final. Ask to see ALL the paperwork. Go over the list of creditors...secured and non secured.
Again, with you, if you didn't co-sign, it is harassment.

We're still fighting with Bank of Hell and Wachovia. Deposition with Wachovia and maybe court later this month. Wish you luck.