Bank of America guilty of incessantly calling debtor 38 times
On behalf of Ellett Law Offices , P.C. posted in 1. Credit Card Debt on Thursday, April 5, 2012
The topic of creditor harassment has been a regular feature on this blog, and recently news came out regarding Bank of America’s less-than-stellar treatment of a person who filed for bankruptcy. As a part of the person’s bankruptcy, a debtor’s discharge was completed. This motion is an order to debt collectors to immediately stop contacting the in-debt party.
Well, that didn’t happen. In fact, Bank of America called the debtor an astonishing 38 times after the person’s bankruptcy was filed. The debtor filed suit and won a $15,000 judgment after it was found that Bank of America was aware that the person had filed a debtor’s discharge and still went ahead with the unwanted forms of collection. Worse yet, letters were sent on the debtor’s behalf requesting that the bank cease contact with the insolvent individual — the calls kept coming, though.
The judge involved in this case said Bank of America violated the debtor’s discharge with each phone call, a clear message that the financial institution egregiously and willingly ignored the person’s bankruptcy yet continued to illegally pursue that person’s debt.
Back in the middle of March, we looked at the role sites like Facebook and Twitter play in the practice of debt collection. Social media is just another means of which creditors can seek — may it be legal or not — outstanding debt from an in-debt party. A debtor’s discharge is supposed to prevent this type of harassment, just like writing a letter and obtaining an attorney are supposed to stop unwanted forms of collection.
But this story shows the lengths to which debt collectors will go to make a few dollars. It applies unfair stress to an individual, and, ultimately, it’s an act of bullying. If you feel you are being harassed by creditors, discuss things with a reputable lawyer with experience dealing with bankruptcy.
Source: Huffington Post, “BofA Allegedly Called Debtor 38 Times After He Filed For Bankruptcy,” Alexander Eichler, Mar. 30, 2012
Tags: Bank of America, credit card debt, creditor harassment, debtor’s discharge