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Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
I am truly sorry to hear about your troubles.
First and foremost, this so-called "Investigator Norton" is not an investigator and he is not working with your police department. This is a two-bit debt collector illegally masquerading as a law enforcement officer in violation of Fair Debt Collection Practices Act and your State's Unfair or Deceptive Acts and Practices Statutes namely: Consumer Legal Remedies Act. See California Civil Code Sections 1750-1784 especially Section 1770.
You should file complaint against this "Investigator" with your Attorney General's Office and the Federal Trade Commission ("FTC"):
Secondly, you do not have any obligation to return the RV to the company. Once you had declared your intention in your bankruptcy case to surrender the RV, there is no other requirement in the Bankruptcy Code that you actually physically return the RV to the lender. You have given them plenty of Notice for them to come and get their property. If they refuse, then it is not your problem.
Third, they should not be sending you a demand for payment for a debt that was properly discharged in your bankruptcy case. The attempt to collect this debt in this matter is a willful violation of the Bankruptcy Discharge Injunction. You can reopen your bankruptcy case and file Complaint against the lender for the willful violation and ask the Court to sanction them. See 11 U.S. C. Section 524. You would reopen your case pursuant to 11 U.S.C. Section 350(b).
Finally, do not fall into their scare tactics. You no longer have any obligations for this RV. You definitely do not owe any money. So, do not agree to pay a cent.
I wish you the very best,
First and foremost, there is no longer an Automatic Stay since your bankruptcy case has been closed. What is at issue here is the Discharge Injunction. There is no question as to whether the creditor and its collectors are violating the Discharge Injunction because they are. There is no reason for them to contact you.
Send them a simple letter to cease and desist from contacting you and your husband about the debt because the debt has been discharged in your bankruptcy in 2005 and you did not reaffirm the debt. Tell them that their continued phone calls to you and your husband after they have been repeatedly informed of your bankruptcy discharge are willful violations of the Bankruptcy Discharge Injunction, 11 U.S.C. Section 524, and if they continue with the phone calls that you would not have any other choice but to file complaint with the Bankruptcy Court against them for sanctions. Provide them with your Bankruptcy Docket number in the letter. However, since they have been pulling your credit reports, they should have known that.
You should not spend any more time with these people no matter how nice they are. Debt collectors are NEVER your friends. They are doing one thing or another usually something illegal to try to get you to pay a debt that you are no longer obligated to pay.
There is no need for an apology. I am here to help in any way that I can. So, do not hesitate to write back if you have further questions.
I am truly sorry to hear about your problems with these collectors. Of course she hanged up after she realized that she was being taped.
You may consider filing a lawsuit against them for unfair and deception practice in California Superior Court. The federal Court only awards $1,000.00 for each offense, but the attorney's fees can be quite substantial if any attorney wants to take up your case.
You may also file lawsuit against all the three main reporting bureaus under Fair Credit Reporting Act in the federal District Court.
How does one go about pursuing JUSTICE, when they are obviously victim(s) of Financial, Credit Reporting and Collections and Consumer Abuse, when the remedy is so minimal, yet the legal representation is so exhorbitant? I saw a case where a man won $108 million after suing a large bank in america. How is that possible, yet the man could not pay his debt to begin with, yet was able to secure the assistance of such a large law firm?How is that possible for one person, but not for another?...like US?
Response: Good question. It really depends on the nature of the case. Fair Debt Collection Practices Act only awards $1,000.00 for each violation. The money can add up. However, that's what the Statute provides at this time. I do not how much California Courts awards for violation of the its unfair or deceptive practices Act. You may want to use NACA (National Association of Consumer Lawyers) to figure out the best forum for you and deal with the company once and for all.
The Attorneys who take these cases do not get paid up front. They get the Courts to award attorneys' fees if they prevail. Yes, it is quite unfair for you to get for instance $2,000.000 for the case while your attorney gets $20,000.00 or more. The reason is that your damages can be only $1,000.00 per violation of FDCPA whereas the attorney's fees do not have any cap.
Thank you, XXXXX XXXXX your reply. So, let me recap...(This is quite disturbing, however)... It appears that what you are saying is that "the price of justice, in California, is just far too steep, for the actual VICTIM". Am I correct in that assessment?, or is there a court that awards Punitive damages, in such cases, or one that would "make an example of" such BIG-BANK-little-consumer-cases?What is the remedy, or the award potential, if one was to pursue such a case, IN SOUTHERN CALIFORNIA?
Response: Unfortunately, I do not practice in California. So, I am not able to offer you more insight on punitive damages in the State. You may want to start a new post with this question and specifically request for a California Expert.
Attorney Phillips, It is unfortunate that you do not work in California, since you DO seem to know your field, quite well. I am quite impressed with your knowledge and tenacity. I feel that it is only fair, that you be paid for the information that you have provided, therefore, I am going to ACCEPT your answer. I appreciate the time that you have taken to “enlighten me”, and to provide informative input. I ACCEPT YOUR ANSWER, and; per your suggestion, I will re-post my question, expressly for a California Attorney to reply. Take care, and God bless you and yours.
Sincerely, “Beaten Down by the Powerful, Yet, Underhanded Corporate Banking and The Powers of Illegitimate and Unfair Credit Reporting”
Thank you for the Accept. It is greatly appreciated.
I am sorry that I could not offer further help regarding punitive damages in California. However, I do believe that you are on the right track and you would eventually prevail. Check out naca.net on your spare time. Most California Attorneys listed on that site may take your case without charge to you.
I deal with these debt collectors frequently in my private practice and they can be quite brutal...
I just want to stress one more time that you absolutely do not have any more obligation on the RV.
All the best,
I am feel your frustrations.
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