collection after bankruptcy
Date: Fri, 07/01/2011 - 07:11
He called me 17 times this AM and called me all kinds of curse words. I felt totally violated again. I gave him my lawyers name and told him to call my attorney and he said no you pay this. I told him to give me the fax # and I would send him the papers to verify the bankruptcy and he said by 5 this pm or I would be in great trouble and he would see to that.
Any thoughts help??
File a complaint with the bankruptcy court. Hang up the phone e
File a complaint with the bankruptcy court. Hang up the phone everytime he calls. An airhorn also works great.
FDCPA 805(a)(2): Communicating with the consumer generally. With
FDCPA 805(a)(2):
Communicating with the consumer generally.
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdication, a debt collector may not communicate with a consumer in connection with the collection of any debt-
if the debt collector knows that the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable time to a communication from the debt collector, or unless the attorney consents to direct communication with the consumer...
FDCPA 806. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which it to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the forgoing, the following conduct is a violation of this section:
(2) The use of obscene or profane language or language the natural consequence of which it to abue the hearer or reader
FDCPA 813, Civil Liability
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of
(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000...
