Author Topic: Civil Warrant served on debt protected by chapter 13  (Read 204 times)

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happy1016

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Civil Warrant served on debt protected by chapter 13
« on: June 21, 2017 04:13:00 PM »
I came home last night to find a notice from the local Sheriff's office on my front door. No indication of what it was about, just to call. So... I called. "Ma'am, you'll need to call back in the morning". OOOOKKKKK. This morning I called the number, central dispatch, and was told to call the Sheriff's office at ***-****, which I did. At that point I was told to call central dispatch, I'm getting frustrated at this point. I re-dial dispatch and explain what has just happened. They still won't tell me anything and they take my info and say they'll have the officer give me a call. lalalalalala, no call, two hours, three hours. I call back and throw a mini fit citing the 1996 freedom of information act and blah blah blah. The officer calls within 5 minutes. OH SNAP! He is trying to serve a civil warrant. I accept service over the phone and he leaves the warrant in my mail box.

Now it gets good, the warrant is from a debt collector who is attempting to collect on a debt protected in chapter 13 bk. Where do I even start with this? My ex person of significance has dealt with this, tcpa, and fcra many times but I was always just a spectator. I want to nail these guys so I'm looking for some feedback , not to be misconstrued as legal advice.

Bruno the JDB Killer

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #1 on: June 21, 2017 04:42:52 PM »
Sounds like an FDCPA violation, taking an action prohibited by law. Did you have a lawyer for the Ch 13? If so, I would give this to him.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

happy1016

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #2 on: June 22, 2017 12:14:00 AM »
I do and I did. I don't know if they will pursue it though. I'm working on finding out if I signed away my private right of action when I filed my bk.

Clydesmom66

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #3 on: June 22, 2017 01:23:25 AM »
I don't know if they will pursue it though.

Your attorney doesn't necessarily pursue it.  He should notify the trustee who then informs the creditor they are in violation of the BK stay and federal BK law(s).  If they don't withdraw the suit THEN you have a gold plated issue to sue over.

I'm working on finding out if I signed away my private right of action when I filed my bk.

Filing BK does not give up any rights under the TCPA or FDCPA.  What it means though is that should they settle with you then you would have to report that money to the trustee and most likely turn it over.  It becomes an attachable asset.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

CleaningUp

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #4 on: June 22, 2017 02:36:30 AM »
Is the Chapter 13 still open or has it been dismissed?  What sort of debt was it?  Did you somehow reaffirm the debt?

Crucial information if we are to be able to comment with any accuracy.

Flyingifr

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #5 on: June 22, 2017 04:35:55 PM »
Your attorney doesn't necessarily pursue it.  He should notify the trustee who then informs the creditor they are in violation of the BK stay and federal BK law(s).  If they don't withdraw the suit THEN you have a gold plated issue to sue over.

Filing BK does not give up any rights under the TCPA or FDCPA.  What it means though is that should they settle with you then you would have to report that money to the trustee and most likely turn it over.  It becomes an attachable asset.

The first part I agree with, the second part not necessarily so. If the OP's CH 13 has been confirmed, then the payment amount has been set by the Court. That means neither the Trustee nor the Creditors would have a right to a FDCPA settlement or Judgment Payment.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

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chester474

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Re: Civil Warrant served on debt protected by chapter 13
« Reply #6 on: June 23, 2017 06:14:50 AM »
If the debt is in the Chapter 13 Bankruptcy for attempting to collect it outside of the Bankruptcy Court the creditor can be held to be in Contempt of Court and to pay reasonable attorney fees and costs.

You can begin an Adversary Proceeding in the Bankruptcy Court - an Adversary Proceeding is the bankruptcy court name for a lawsuit.

Debtors do not have to pay a fee to begin an Adversary Proceeding and if the debtor prevails attorney fees and costs can be awarded the debtor.

Service of Process can be made by U. S. Certified Mail.

Creditors have to pay a filing fee - the last I heard in my jurisdiction it was $500.

I bet the creditor will settle the Adversary Proceeding without the matter actually getting to the Court.


 

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