Legal Question in Bankruptcy in California

Harassment after bankruptcy

In the spring of 2000 I filed chapter 7 bankruptcy and was granted a discharge. I had a car that was repossed prior to this and included the fiance company in my BK. I have had to send several copies of my BK paperwork and letters to this company to have them correct the reporting on my credit reports and also to have their collection agencies stop calling and harassing me. Yesterday a new collection agency representing this co. starting calling me. Do I have any rights to sue the fiance co. for the aggravation they are causing me? I'm sick of sending letters and them not cooperating.

Thank you


Asked on 11/05/04, 1:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Harassment after bankruptcy

Yes, it is a violation of the bankruptcy code to harass a person whose debts were discharged. I would suggest sending a certified, return receipt letter (keep a copy) to both the creditor and the collection agency, telling them to cease and desist, and if they continue to call and attempt to collect, you will file a motion in BK court for an injunction, penalties, and attorney's fees as the law provides. Good luck.

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Answered on 11/05/04, 2:38 pm


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