Harrassing creditor

[mrmagoo]

What is the name of your state? VA
Asking this question on behalf of a friend. My friend filed a bankruptcy 2 years ago, all debts were discharged. Recently one of the creditors whose debt was discharged sold the loan to a collection agency. My friend notified them via certified mail that
the debt was discharged, even included the bankruptcy case number and they are still harassing my friend.

Can my friend sue this creditor for this harrassment because they are failing to validate the debt and continuing to contact her. thanks for any advice.

[Ladynred]

Forget validation, this collection agency is violating Federal Bankruptcy Law, and that brings a LOT more clout that FDCPA violations !

What your friend needs to do is send a cease and desist letter. In this letter she should tell them they are illegally attempting to collection on a debt discharged in bankruptcy. If they do not IMMEDIATELY Cease and Desist, she will file a Motion for Contempt and Request for Sanctions against them with the Federal Bankruptcy Court and they can then face a FEDERAL judge for their illegal collection activity.

That SHOULD stop them, if it doesn't, its time to follow thru. Yes, she can sue them. If these slimeballs are also reporting this on her credit she's got them for FCRA violations as well.

I'd go for the Bankruptcy Court angle first. In order to actually file a Motion for Contempt, she would first have to request that her bankruptcy be re-opened, but she may not have to go that far. If they continue to harrass, she really should be prepared to go to the next step though.

I know someone who actually did exactly this.. the judge read the collector the riot act and the girl won her case.