Complaint

0
natascha murphy
Country: United States
a few years ago took a loan out with cash call and my mom got sick so i had to leave my job and i was unable to pay the bill. low and behold a few years later in 08 i get summons that i was being sued for the debt out of nowhere and a judgement was granted. i filed bankruptcy a month or so ago and i just recieved notification that i was getting a wage garnishment taken out and i did put them in the bankruptcy. they are sneaky and horrible and i am at the point where ima file a complaint with both the attorney general and the department of consumer affairs, they claim even if u file a bankruptcy they still have the right to collect

Comments

  • 0
    tj
    Turn it over to your bankruptcy attorney.  He should know what to do if any creditor is violating the bankruptcy stay.
  • 0
    tj
    "they claim even if u file a bankruptcy they still have the right to collect"
    That may be deceptive collection as well as a violation of the bankruptcy stay.  

    Once in bankruptcy, the court decides how your assets are used to pay off creditors.  If every creditor ignored the bankruptcy and continued to clamor and pressure you to pay them ahead of all the others, bankruptcy wouldn't result in a fair apportionment of your assets to all the creditors.  For example, once in bankruptcy YOU no longer have the right to choose how you pay your creditors, even if you want to pay one one in particular.  The court must approve your payments to make sure they are going to the parties in accordance with its decision.
  • 0
    tj
    Furthermore, if this debt was included in your bankruptcy, and the court has decided to discharge you from that obbligation, then you do NOT owe it, and any claim by a debt collector that you do is deceptive collection, violating FDCPA.  That decision by the court is binding on your creditors.

Post a new comment