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?