creditors harrassing us

[kimsch72]

What is the name of your state? south carolina


My husband and I have filed a ch7. We have been recieving calls from a creditor that is stating that we have committed fraud and that they have gone to the magistrate and I will go to jail when a warrant is issued. The debt was a check that was not paid as we had some activity on our account that was not us. We had notified the creditor that we were filing a Ch7 and that debt is included. Can they sue us for including this debt, also they are staing it is a criminal act, not paying them. We had also told the creditor not to call us at home or at work but yet they continue to do so. They had told me I was a loser and they will get their justice by me going to jail. Can they do this once the bankruptcy has been filed. Is a criminal and cival complaint higher than the bankruptcy. Thanks for your help

 

[ihatearizona]

This creditor is breaking the law. Contact your attorney ASAP to have contempt of court charges filed against them.

Once you are under the protection of the automatic stay there is to be NO collection activity.

 

[kimsch72]

Thank you for responding so fast. Can they file a criminal complaint or cival against me after the bankruptcy has been filed. They told me that the can do that, or does the automatic stay stop them from filing anything against me. thanks again for you help

 

[ihatearizona]

No and NO. That would be further collection activity. They're probably just blowing smoke anyway. These check collection services are known to be really nasty when it comes to collections.

 

[Ladynred]

They can do NOTHING to collect while the automatic stay is in place and they can do NOTHING to collect once the debt is discharged, doing so would be a violation of the permanent injunction of your discharge.

In order to bring ciminal charges for a bounced check, they would have to prove intent to defraud. Being the VICTIM of fraud wouldn't apply.

Give your lawyer this information and let your lawyer handle these scumbags.