I filed Ch. 7 almost 2 yrs ago and 1 creditor called several people in my family and also friends ( all of them had been a reference on my account with them 4 yrs ago). They had sent my 'file' to the sheriff for me to be served. The Sheriff and other Couriers come to my job and my home. Yelled at family saying they would be in trouble unless I called them. They also said they would keep coming until they found me within 24 hrs. After the 4th person had called me with this news I tried calling the number again. They finally answered at 8 pm and I asked what it was about and why we're they contacting and harassing my friends and family? I told her I didn't owe anyone any money to be getting sued that I had filed Ch 7 2 yrs ago and she put me on hold to go through my file. When she returned she apologized over and over saying that there company staff must have looked over my bankruptcy discharge papers in my file. I told her how embarrassing it was for them to contact the list of people they had constantly called (some up to 10 times in 3 hours) and also coming to my place of work (where I manage up to 30 people). This was humiliating and I feel it should have never happened. I have contacted my lawyer but still have people asking if I am ok and why did I owe money when I don't owe them. I really want to know what my options are to make sure this "arbitration" company learns a lesson!
Unfortunately in this jurisdiction judges are reluctant to impose sanctions in a situation where creditor voluntarily ceases efforts in violation of the stay.
You can attorney can file a Motion for Sanctions for violation of the Stay with supporting affidavits from people contacted and you showing how difficult they made it and request Sanctions and Counsel Fees.
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