Question
Harrassment by Creditors...?
Hi there! I would like to see if anyone with legal expertise can help me. I work in the Financial Industry but this is a situation I am not familiar with. I have a client who filed for bankruptcy about 3 months ago. The court granted the Bankrutcy under Chapter 7; she was discharged as a debtor by the court for all the unsecured debt the client had. But unfortunately one of the creditor keeps calling, harrassing and threating her. We know it's not legal to contact her for it's stated in the letter the court provided her. She has repeatedly explaint to them that she has filed for Chapter 7, given them all the file information, time and time again, though it's not her duty, the court has already given them this info. Yet all they do is call some more, harrass and threaten them. Where in the Fair Debt Collection Practices Act or the Federal Trade Commission (site) does it state they can't do this? She knows it's her constitutional right to file for Chapter 7 without having to be harrassed about it. What kind of information can my client use in order to take legal action in the matter, since they are really disturbing her day to day life and making her uncomfortable? Please be serious in your answers, this is an important matter. Thank you in advance! :) She has letters that prove the harrassment...
6 months ago - 2 answers
Best Answer
Chosen by Asker
Does she have proof that they are still trying to collect? If she included that debt in with her bankruptcy, it is a major violation for them to be contacting her for a discharged debt. She needs to contact her lawyer, who handled her bankruptcy. The lawyer will most likely file a complaint with the court. The creditor/collector may be sanctioned or they may have to pay damages. It would be up to the judge.
by echo
6 months ago
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Other Answers
Have her contact the Federal Trade Commission. Their toll free # 1-877-382-4357.
by stan c- 6 months ago

