Personal Bankruptcy Possible Harrassment Suit?

[bluexoxo]

My husband and I filed Chapter 7 bankruptcy March of this year. Dell Financial was listed and included in the bankruptcy. They received the motion of stay. They continually withdrew funds from our bank even AFTER several attempts from us and my attorney asking them to stop. They refused to refund our monies back, and to this day they are STILL withdrawing monies out. The bk was discharged in July. Is this a potential harrassment case?

 

[Theresagail]

Do you still have the products? or did you surrender it? -- It is a potential voilation of the federal automatic stay laws-- what has your attorney said?

 

[bluexoxo]

Thank you for responding! The laptop has since been long gone...no surrendering there. My attorney said they are interested in pursuing however they think we won't get much....my thought is this: they broke the law. They had no right, ESPECIALLY after attempts to ask them to stop, to take money out of our checking account when we were being protected under the bankruptcy laws. I feel at this point it borders on harrassment and should be covered under the Fair Credit Reporting act. Am i wrong?

 

[Theresagail]

Not a fair Credit Reporting Act Violation this is a bankruptcy violation. I would think your attorney would be ALL over this! This is a violation of the Federal Automatic stay-- that is huge sanctions-- Dell can really get in trouble.
Call the bankruptcy trustee's office and talk to the clerks and tell them what has been happening -- they can help you on what direction to go--- I will go home tonight and locate a attorney that I had on a credit violation-- and get you his info-- they are contingent attny's

 

[bluexoxo]

hmmm. interesting!! thank you so much for your thoughts and assistance. My husband has spoken to the Attorney General here in PA and they said that we definitely need to file a complaint against them so we will be doing that. I don't want to be greedy, however they did take my hard earned money of which i had VERY little of (hence the BK) thanks to 3 laysoffs in one year even after begging them several times to stop. I know I could have placed a stop at the bank (with yet more fees) but our attorney suggested not doing that. I want to go after this creditor for the mere fact that you are right - they broke the law! My attorney asked us what we wanted to go after them for - said it should be a reasonable amount. I'm at a loss. On one hand i don't want to appear greedy, but on the other hand, a woman can spill hot coffee on herself and win millions...what justifies as "reasonable"?

 

[Theresagail]

I would start real high-- because they will end up offering a settlement that will be lower anyway. It is not about greed it is about a company that hires idiots that have no clue about the law, because they don't want to pay educated people to protect the company. They have simply violated a huge law. I am surprised your attorney is sitting around waiting for you do something Google Krohn and Moss Ltd. in IL. They are real good-- Just email them the info you have (Story) they will read it and call you if they will take it or not--