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How to deal with a creditor?

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Kodiak

Junior Member
What is the name of your state?
UT

I am not sure what to do if I can even do anything. Capital One offers a 0% interest credit card through my employer. They give a $1100 credit line and deduct about a 3rd of your balance due from each paycheck. I included this card in my Chapter 7 I filed on June 6th. I filed at 9am and by 10am I had notified this creditor we filed a Chapter 7. My next paycheck was June 10th and they said it was too late to stop that deduction and they took $418 from my check. June 11th I received a letter from Capital One thanking me for closing my account and that the remaining $678 I owe them will be deducted from my next paycheck. When I contacted Capital One they said they need proof I really filed a Chapter 7 and haven't received any yet. They said they can continue to collect until they receive proof. My attorney has faxed them Bankruptcy documents twice now and they keep claiming they haven't received them. While I am current on my mortgage I will surely fall behind on July's payment because of this mass deduction they are planning on. My employer states there is nothing they can do to stop auto deductions that are not garnishments. Does anyone have any advice? Thanks.
 


djohnson

Senior Member
Have your attorney call them. That is not legal. Give them a case number, go hand them a copy, or mail it CRRR. Once they have proof they can't take anymore money. And you can request what they took back. Your attorney needs to get tough.

As a side thought. If they want to get pissy about it, you can also (through attorney) ask for payments made in the previous 90 days to filing. Talk to your attorney about it.
 

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