View Full Version : arrogant creditor


saratoga
I declared Chapter 7 Bankruptcy and received my discharge in October 2002.

I have this one creditor that continues to pull credit reports, continues to show an owed balance and they updated as recently as November 2002.
Now to add insult to injury they sent me a letter yesterday offering to settle my debt for less than what I owe. A clear violation of bankruptcy law considering they were listed in my bankruptcy petition.
I contacted my local small claims court and they said the defendant had to be a resident of my city. This company is in Michigan.
I contacted my district Bankruptcy office about that violation and they told me to consult an attorney.
I finally was able to contact someone in their legal department and they are "investigating" the situaltion.
What can I do to get this monkey off my back? I will also admit that I would like to make them pay for the months of aggravation they have put me through not to mention they were lousy creditors even when my account was in good standing with them years ago.

Please help!

Shylock
Don't believe the person that says that you can't sue someone except in the jurisdiction where they are located.

If you signed a contract with them at a specific location, that is a possible venue for lawsuit. For example, if you lived in Los Angeles County and they sent you an application for credit and you signed it there in LA County you can sue in LA County.

saratoga
That was my assumption. Why should the plantiff be put out and have to travel to make it convenient for the defendant? Of course, I live in a little jerkwater town in upstate NY and it's easier for the people that run things to just say whatever is convenient rather than actually get off the chair and find the answer.

Christine
I would definitely dispute with the bureaus first.

If they fix their reporting, you still have the $1,000 inquiries w/o permissible purpose, but if they do not correct the reporting, you have FCRA violations too.