What can I do if a creditor keeps calling me daily after Chapter 13 Bankruptcy was filed? 17 Answers as of November 03, 2014I filed chapter 13 bankruptcy, already went to hearing and no creditors showed up, and already have the order and making monthly payments (About to make 3rd now). Aarons Rents, the furniture rent to own place, calls me daily!!! I tell them to stop, they say ok, they call the next morning no matter what. I’m tired of it, I’m ready to do something about it. Who in Oklahoma do I see about filing suit against them?
Ronald K. Nims LLC | Ronald K. Nims
First, did you list Aarons Rents as a creditor in your bankruptcy? Or if not, when did you tell them about your bankruptcy. Second, do you know the names of the people who called you and the dates of the calls? If Aarons knows about the bankruptcy and you have some record of dates and people who called. Then you should file a motion for punitive damages in the bankruptcy court. Do this through an attorney, even if you didn't use an attorney for the bankruptcy because Aarons has to pay you attorney fees. If you didn't keep any records, then you chance of winning in the bankruptcy court when your testimony is "I don't remember exactly when they called me or who called but they did it a lot" probably isn't a winner.
Answer Applies to: Ohio
Freeman Law Group, LLC | Derek Freeman
Aaron Rents is in violation of the automatic stay. If you are represented, have your lawyer contact Aaron Rents and demand that they stop contacting you, or face contempt of court. If you don't have a lawyer, send them a copy of the creditors' meeting notice. It includes a statement about the automatic stay and penalties for violating it. Tell them that if they contact you again you will take them to court. And if they contact you again, follow through with the threat.
Answer Applies to: Colorado
Tokarska Law Center | Kathryn U. Tokarska
This is posted in California and I'm licensed to practice only in California. I recommend calling a local Bankruptcy attorney and discussing the situation. There are some questions that the bankruptcy attorney will need to ask you. Did you list the creditor on your petition schedules? Was the creditor served with the "Bankruptcy Notice" at a proper address? Do you have in your possession rental furniture or did you return the items? Generally speaking, if a creditor was listed, noticed properly, and the rental furnishings have been returned there are two ways to go. The easiest and the first thing you may want to try is to send the creditor a "cease and desist" letter, include a copy of the bankruptcy notice. I've had to do this a few times and typically even a fax to the creditor of the Bankruptcy Notice after I talk with corrects the problem. If it's clear to me that the person I'm talking to has no knowledge of Bankruptcy I may ask to speak to someone in their legal department. Sending a cease in desist in writing is important because telephone conversations are difficult to prove and in the next step you want to provide the court with evidence that the creditor knew about the bankruptcy and despite this knowledge continued to attempt collections thereby violating bankruptcy automatic stay. If after they received a written notice they continue to attempt collections the next step is to get an order for sanctions against them. This is achieved by getting a hearing scheduled at the Bankruptcy Court. You will need to file with the court a motion for sanctions, you must serve the notice of the motion and the motion itself on the creditor. I do not recommend doing this yourself particularly since if the Court rules in your favor the creditor would be ordered to pay you damages, which conveniently includes costs incurred (like legal fees) because of their acts.
Answer Applies to: California
A Fresh Start | Dorothy G Bunce
That?s what you hired your bankruptcy attorney to do ? your attorney can file a motion for sanctions against the creditor for violation of the automatic stay. The fact that you had to ask indicates that you probably are not represented by an attorney, which gives the creditor the right to call you about its claim in the same way it would be calling your attorney if you were represented.
Answer Applies to: Nevada
Michael J. Duggar, P.A. | Michael J. Duggar
You should log every call. Did you list in your Chapter 13 the creditor and did you list in your Schedules your intention to assume the lease in your Schedules? I've had clients log the calls post-filing and file a Motion in your Bankruptcy Court. Judges have assessed damages in the range of $250 per violation to $750 per violation, depending on the nature of the violation.
Answer Applies to: Florida
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
If you filed in Michigan, your attorney would file a violation of the automatic stay in whatever court you filed in. Usually they send a warning letter first. You should have their address in your bankruptcy papers.
Answer Applies to: Michigan