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Creditors and Bankruptcy/Creditor is still calling after bankruptcy
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Question
On January 6th 2004 I filed for bankruptcy (in California). On January 20th 2004 one of the creditors listed in my bankruptcy sold my debt to a collection agency. I have informed the collection agency that the debt was included in my bankruptcy filing berfore the debt was sold to them. I have also given the collection agency the docket number of the bankruptcy. The say that they still can collect on the debt and continue callinb me. Do I have any recourse against the collection agency?
Today federal bankruptcy laws provide a private cause of action for an individual injured by any willful violation of the automatic stay. The injured individual is entitled to recover actual damages, including costs and attorney's fees.
An award of actual damages requires a showing of injury or loss stemming from acts in violation of the stay. Punitive damages are awarded when the actions taken by the creditor are particularly egregious and there is a showing of actual damage.
Occasionally, the violation of the stay may not cause any actual harm.
In the event that a creditor inadvertently violates the stay, the creditor must return the property immediately upon notice of the stay. Failure to do so will likely be held a violation of the stay.
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Ontrack Financial Group llc
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