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  1. #1
    SkankCheese is offline Member
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    Aug 2005
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    197

    cease and desist letter to creditor still trying to collect after Chp 7

    What is the name of your state? NC


    Asking for a friend. pro se Chp7 no asset case. She had a car in her name that went down the crapper right during the period between filing and discharge. NO reaffirmation agreement. She originally planned to keep the car, and just continue making payments, but inlcuded it in her BK petition. After problem after problem and hundreds of dollars thrown into it. The engine was having issues, and she decided to let it go. It broke down, or something to that effect, and ended up geting towed (before discharge) she left it in the impound lot... or tow yard, or wherever they take towed vehicles. The day or week after discharge the lady from the financing company called her, or she called the company (someone they got in touch with each other) and told them where they could get the car, and that she was surrendering it. They told her, since her case was discharged and she didn't turn it into before discharge that it was like she had never filed BK at all, and that it wasn't a surrender they would have to 'repo' it, and they would treat it as such.
    Now I KNOW this has got to be wrong. She told them that the debt was included in BK, and she didn't owe them anything- she just didn't want the car anymore. The lady kept going back and forth with her telling her that no- it was now considered a repo and she would have to pay the balance. Then said she was going to contact her lawyers, and to call her back since she was legally not allowed to make contact with my friend. My friend didn't bother calling since she told them where they could get the car, and Friday she receives a letter/bill in the mail for $6k, the balance of the loan on the car.

    This is all grossly incorect, isn't it? I thought this was all illegal since the debt was included, and no agreement was signed. She's not sure what she needs to do get them to drop it, and stop trying to collect. She filed without a laywer. I was thinking that some sort of cease a desist letter threatening legal action might work. Does anyone know where she could find a generic one that might work?


    Thanks.
  2. #2
    rosier2000 is offline Member
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    Tallahassee, Florida
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    I'd just send them copies of the bankruptcy filing and discharge paper if she has that. The language on them is strong and covers any type of collection efforts covered by US bankruptcy law and send it RRR. That should cover it. If they wish to continue to collect on a discharged debt, it will be at their peril.
  3. #3
    SkankCheese is offline Member
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    Aug 2005
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    I think she was looking for a professional sounding letter to go along with it, since the obvioulsy weren't impacted by the original notice of filing and discharge notifications.

    I found this for her, but didn't know if would work since it's more talking about collection efforts in general. I didn't know if there was a specific BK law that she could reference:


    Your Name Your Address City, State ZIP
    (Sent via Certified Mail with Return Receipt)
    Date:
    Re: Account #
    Collection Agency Address City, State ZIP

    Pursuant to the Fair Debt Collection Practices Act, 15 U. S. C. section 805., you are hereby notified to cease and desist all further communication with me in regard to the referenced debt.
    Failure to abide by this law will result in a complaint being filed against you with the Federal Trade Commission, the Attorney General of both your state and mine, and also your own company management. I also reserve the right to file suit against you for any future violations of this law. I will record any phone calls if you fail to comply with this cease and desist.

    Sincerely,

    Your Name
  4. #4
    rosier2000 is offline Member
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    Tallahassee, Florida
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    I would take that letter and use the language on the bankruptcy letter. I don't have a copy handy, but it says it is a violation of federal bankruptcy law to try to collect on ANY debts included in bankruptcy. I had a someone continue to sue me after I filed and after I notified him of the bk. I did exactly what I am suggesting and also sent it to the county court and the judges stayed it and finally the collection attorney dropped collection efforts after 30 days. Have her save all communication in writting and keep it in a safe place. If they try to sue, they will be in violation!

    I wish her well, it is a very stressful time.

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