What can I do if I'm being harassed? 26 Answers as of June 12, 2014

Brother held a check as a promissory note back 2001 because he always did it that way because he charged high interest. I went into kidney failure and lost my business. I had to file for bankruptcy and I included my brother. He was served the papers and was told he could come to court the day of the hearing to object if he wanted to. He did not but did stop harassing me after I filed. He has been dead since 2007. Now his wife has taken that check to a detective and he is harassing me, said that he was going to press felony or criminal charges on me. I told him what took place and he still is harassing me. It's been 14 years, no issues and all of a sudden because we built a home, she is out after me. What can I do?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Hire a lawyer to go after her. you can get back your attorneys fees and some $$ for the harassment. Fined one who is experienced and knows how to do this, (some who claim to be bankruptcy lawyers are dumb as posts). IF she has assets, it is a good case.
Answer Applies to: California
Replied: 6/12/2014
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
You can hire an attorney to enforce the discharge injunction. When you receive a discharge of your debts in bankruptcy, the Bankruptcy Court can enforce the discharge against people whose debts were discharged and try to collect. In your particular situation, if your brother charged high interest rates, it is possible that the debt was usurious or in violation of banking laws that would render the debt invalid anyway or would have landed him in jail. In any event, consult a bankruptcy specialist.
Answer Applies to: California
Replied: 6/12/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Sue both of them in bankruptcy court for violation of the permanent injunction after the discharge is granted. You should have an attorney on this. The violation of this code also provides the award of attorneys fees and costs to you. Discretionary with the judge.
Answer Applies to: Missouri
Replied: 6/12/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
The debt was discharged in the bankruptcy and even if a check did not clear the bank they could not press criminal charges. You need not worry about it. You probably have a case for violation of the bankruptcy law or the Fair Debt Collection Act. An attorney who does that work should be able to help you.
Answer Applies to: Minnesota
Replied: 6/11/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You should tell him he is violating the court's Discharge Order. If he continues, hire a lawyer and consider filing a contempt proceeding against him.
Answer Applies to: Colorado
Replied: 6/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You could reopen your bankruptcy case and file an adversary proceeding against your sister in law & the detective for a violation of the bankruptcy discharge. Because your sister in law is not a debt collector, any enforcement under the Fair Debt Collection Practices Act is not available.
    Answer Applies to: Nevada
    Replied: 6/11/2014
    Danville Law Group | Scott Jordan
    You can hire an attorney who can sue the detective for violating the bankruptcy stay.
    Answer Applies to: California
    Replied: 6/11/2014
    Berlin Patten, PLLC
    Berlin Patten, PLLC | Jessica Stewart
    Harassing you and trying to collect a debt that has been discharged in bankruptcy is a violation of Federal Law. Once you receive a discharge, all creditors who were discharged are forever banned from collecting against you through 11 USC 524. If they continue to harass you and contact you for payment they can be sanctioned and held in contempt via the Bankruptcy Court's inherent authority of 11 USC 105. They may be liable for actual damages, punitive damages, attorney's fees, and costs. It's best to be able to show the court in writing that you have warned the creditor of this violation. If after two warnings they continue, I would seek an attorney to file suit against them.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Reopen bankruptcy case and prosecute motion for order to show cause why sanctions should not be imposed for violation of discharge injunction.
    Answer Applies to: California
    Replied: 6/11/2014
    Scott Goldstein | Scott Goldstein
    Sue the wife for a discharge violation. Sue the detective for a violation of the FDCPA.
    Answer Applies to: New Jersey
    Replied: 6/11/2014
    Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
    A knowing attempt to collect an indebtedness that has been discharged in bankruptcy is a violation of your bankruptcy discharge. One possibility is to file a contempt action in the bankruptcy court. It is also illegal to threaten criminal prosecution to achieve a civil remedy. You may wish to contact the State's Attorney in the County in which you live concerning the detectives threats to prosecute you criminally.
    Answer Applies to: Maryland
    Replied: 6/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    seek counsel with an attorney with all of the facts, if the debt to your brother was discharged you should have a defense, and perhaps an offense..
    Answer Applies to: Michigan
    Replied: 6/11/2014
    The Law Offices of Katie M. Stone
    The Law Offices of Katie M. Stone | Katie M. Stone
    If you filed a bankruptcy, received a discharged and the debt to your brother was included, his spouse is in violation of the discharge order by attempting to collect on the debt. You can file a motion to reopen your bankruptcy in order to file a motion for sanctions (could be monetary) for violation of the discharge order. I would send her a certified letter explaining that you filed bankruptcy (provide your case number) and the debt she is attempting to collect on was included and that she needs to stop harassing you or else you will seek sanctions for her violation of the discharge order. I hope you found this answer useful.
    Answer Applies to: Florida
    Replied: 6/11/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you included that debt in your bankruptcy then you can reopen your bankruptcy case and sue them for a discharge violation for which you can receive damages
    Answer Applies to: New York
    Replied: 6/11/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Sounds like a violation of the bankruptcy stay. You could go back to your previous bankruptcy attorney or talk to another one. Regardless, you can get the attorney fees paid by the creditor if you succeed.
    Answer Applies to: Oregon
    Replied: 6/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    If he was properly listed in the bankruptcy, then these recent actions are a violation of the bankruptcy court's discharge order. Consult your bankruptcy attorney for appropriate action to take.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    I believe the Statute of Limitations has run on this. Have you checked the guy out to make sure that he is a real detective. Also, I would get out my bankruptcy papers to show him.
    Answer Applies to: California
    Replied: 6/11/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    They cannot have criminal charges for a bad check either under the circumstances you have described or from a check that long ago. Since they have missed out on any chance at criminal charges, they have missed out on any basis to pursue this matter since they did not object to dischargeability in your bankruptcy case. Get together all documentation of contact from them and take it to a bankruptcy attorney to discuss the filing of a contempt action against them.
    Answer Applies to: Georgia
    Replied: 6/11/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    IF she attempts to collect a debt, she is breaking the laws of bankruptcy.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    You can bring an action in bankruptcy court for violating the discharge order. They may also be violating other consumer protection statutes. Consult your bankruptcy attorney, or another attorney that is experienced in bankruptcy and/or consumer litigation matters.
    Answer Applies to: Texas
    Replied: 6/11/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You can petition the Bankruptcy Court for a contempt citation. I don't know all the facts, but the criminal prosecution is likely barred by the statue of limitations. You can also contact the State Attorney General (in Colorado, this is who enforces Colorado's collection statutes). You can lodge a complaint against the collector/wife for violation of your state collection laws.
    Answer Applies to: Colorado
    Replied: 6/11/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    This is a clear bankruptcy discharge violation. Were you represented by an attorney? Your brother was listed as a creditor during your bankruptcy case. He got notice from the Court. He diidn't appear at your Section 341 Meeting of Creditors, and most importantly, he failed to file a Complaint for Non-Dischargeability during the case. After that complaint deadline passes, he is out of luck. You should hire a bankruptcy attorney who handles discharge violations, because you have a case against the wife and the detective. This isn't a matter of a bad check, so you need to pursue this.
    Answer Applies to: Pennsylvania
    Replied: 6/11/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Send him a copy of the BK paperwork (Schedule F) showing the debt and a copy of your discharge. Inform him that if he contacts you again he is in violation of the debt collection laws and you will have a case against him.
    Answer Applies to: California
    Replied: 6/11/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    It would sound like the best thing to do is call the police if you are being harassed. The debt has been discharged and if it was a company harassing you there would be legal ways to fine them through the Fair Debt Credit Collection Act but it sounds like this is a personal issue and it should be dealt with accordingly.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You should see an attorney. They are violating the discharge injunction. A letter from an attorney might be enough to stop their actions. If not, court action may be required.
    Answer Applies to: California
    Replied: 6/11/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    IN NJ, if there was no lien filed, and no objection to discharge, then they are in violation of the injunctive nature of the automatic stay and discharge. You can prosecute them in the bankruptcy court.
    Answer Applies to: New Jersey
    Replied: 6/11/2014
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