There is a permanent injunction by the federal bankruptcy court upon issuance of the discharge. It means collecting any of the discharged debts is a definite no, no. It is contempt of court to do that and you can get $$$ from the bankruptcy court. It is also a violation of federal and California fair practices debt collection statutes and you would be entitled to compensation, attorneys' fees and costs for that and even punitive damages in some cases for intentional violations. If you had an attorney in the bankruptcy case you need to contact that attorney to have the bankruptcy court award you damages.
You should first send a certified letter to whoever sends you collection notices and send a copy of your discharge. If they do it again it demonstrate intentional disregard of the discharge injunction and will get the bankruptcy judge very mad so that you can get maximum compensation. Judges don't like their orders ignored.
You have to make sure that those debts were in your schedule of debts filed in your bankruptcy case and that notices were sent to those creditors but not necessarily to the person or company calling. Also, you must confirm that those debts were dischargeable. Some debts, such as student loans, are not dischargeable. If you can confirm that the debts were discharged and that proper notice was given to the creditor at the time you filed the bankruptcy case, then make sure you do ask the bankruptcy court to award you maximum compensation.
Keep copies of everything and a written record of conversations including the date, times, telephone numbers and name of person with whom you spoke. Do not record any conversation without permission from the other person on the line as that is a criminal violation in California. However, you can save voicemail messages as evidence since by leaving a message the person talking is authorizing the recording. That is an excellent way to document your case if you have many calls leaving messages plus the written notices. Good luck....
Answered on Jan 21st, 2011 at 3:43 PM