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creditor persists in California

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T

teachtrim

Guest
We filed Ch. 13 in 11-98. Eight months, prior, we lost our house in foreclosure. The company holding the second on the foreclosed house continued to demand repayment until we finally filed our bankruptcy. Since that time, they have attempted 4 times to collect this sizable debt. They did not respond when we filed and that is shown clearly on our papers filed in our state ( CA). On our attorney's suggestion, we mailed the notice of collection on this loan back to them with an attachment copy of bankruptcy forms filed with our courts. We also added the notation that they could contact our attorney with any further questions. These people have never stopped and I am afraid they will continue. Do we have any legal recourse whatsoever or do they possibly have some claim against us that could be peusued by them?
 


bigun

Senior Member
If they persist in collection efforts knowing they are part of a Chapter 13 and after having been informed to contact the attorney in the case-well not very bright.
Talk with your lawyer and see if Ca. has a harrassing communications law. There have been a few creditors that have lost lawsuits in states that have these laws. AT the least, your lawyer should inform the trustee in the case about the harrassment. Sounds like a "sour grapes " creditor that needs a reality check.
BTW, do the letters actually threatened to sue or just dun you for money?
 

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