My question involves an auto loan or repossession in the State of: AL
I was a cosigner with my daughter on a new car loan in 2000.
I also bought a truck around 2002.
My daughter's car loan was paid on time until 2004 when the car was repossessed. I filed ch 7 BK and included the car loan. I also reaffirmed the debt on the truck and paid it on time until it was paid off in 2007.
The collection attorney got a judgement against my daughter and she worked out a payment plan with them which she paid until 2007 when she filed ch 7 BK. She included the collection account for the car loan in her BK.
No contact was made with either of us until this year when the same collection attorney sent me a letter stating they had a judgement against me demanding payment and threatening to garnish wages, seize real property, etc., standard collection language. I called them and they demanded I pay around $11k or I would be taken to court. I explained to them that I had discharged the account in BK and to leave me alone. They demanded that I have my BK attorney fax them a copy of my BK discharge THAT DAY or they would pursue the matter. I was obviously upset and couldn't get in touch with my attorney for several days after which he sent the documentation to the collection attorney and called to straighten the matter out. They simply told my attorney there had been an error and to disregard the original letter.
I wasn't pleased to say the least with the actions of this collection attorney so filed a complaint with the state attorney general for deceptive/illegal debt collection practices. I felt that I was probably not the only one who this sleazy agency had attempted to extort money from illegally.
My daughter called the collection attorney (against my advice) and explained to them very sternly that they needed to leave me alone, quit putting the stress on me, and told them they had no case against her either. The attorney spoke with her about the account for quite a while and gave no apologies for the what they had done.
The attorney general responded that the collection agency response was that there was a clerical error so no action could be taken by the attorney general's office.
The collection attorney also responded that there was a mix up since I had two accounts involved in my BK. They claimed that my daughter attempted to communicate with them about the account but they did not discuss any details with her which is a lie. She is involved in the account anyway since it was her car. It's as if they were attempting to hide something or cover themselves for some reason.
How is this a mix up when they couldn't collect on either account, especially since I reaffirmed the one account on the truck?
Is there any action I can take against this attorney to assure they aren't attempting to illegally extort money out of others? Is a complaint with the AL bar association warranted? The language in the bar association's complaint proceeding is very prohibitive of unwarranted complaints and states all complaints should be taken seriously and attorneys suffer regardless of whether they are found guilty or not, etc.
Do you think my complaint is warranted? I know this probably won't go anywhere but I feel this collection attorney should be under more thorough watch because of their sloppiness.
I was a cosigner with my daughter on a new car loan in 2000.
I also bought a truck around 2002.
My daughter's car loan was paid on time until 2004 when the car was repossessed. I filed ch 7 BK and included the car loan. I also reaffirmed the debt on the truck and paid it on time until it was paid off in 2007.
The collection attorney got a judgement against my daughter and she worked out a payment plan with them which she paid until 2007 when she filed ch 7 BK. She included the collection account for the car loan in her BK.
No contact was made with either of us until this year when the same collection attorney sent me a letter stating they had a judgement against me demanding payment and threatening to garnish wages, seize real property, etc., standard collection language. I called them and they demanded I pay around $11k or I would be taken to court. I explained to them that I had discharged the account in BK and to leave me alone. They demanded that I have my BK attorney fax them a copy of my BK discharge THAT DAY or they would pursue the matter. I was obviously upset and couldn't get in touch with my attorney for several days after which he sent the documentation to the collection attorney and called to straighten the matter out. They simply told my attorney there had been an error and to disregard the original letter.
I wasn't pleased to say the least with the actions of this collection attorney so filed a complaint with the state attorney general for deceptive/illegal debt collection practices. I felt that I was probably not the only one who this sleazy agency had attempted to extort money from illegally.
My daughter called the collection attorney (against my advice) and explained to them very sternly that they needed to leave me alone, quit putting the stress on me, and told them they had no case against her either. The attorney spoke with her about the account for quite a while and gave no apologies for the what they had done.
The attorney general responded that the collection agency response was that there was a clerical error so no action could be taken by the attorney general's office.
The collection attorney also responded that there was a mix up since I had two accounts involved in my BK. They claimed that my daughter attempted to communicate with them about the account but they did not discuss any details with her which is a lie. She is involved in the account anyway since it was her car. It's as if they were attempting to hide something or cover themselves for some reason.
How is this a mix up when they couldn't collect on either account, especially since I reaffirmed the one account on the truck?
Is there any action I can take against this attorney to assure they aren't attempting to illegally extort money out of others? Is a complaint with the AL bar association warranted? The language in the bar association's complaint proceeding is very prohibitive of unwarranted complaints and states all complaints should be taken seriously and attorneys suffer regardless of whether they are found guilty or not, etc.
Do you think my complaint is warranted? I know this probably won't go anywhere but I feel this collection attorney should be under more thorough watch because of their sloppiness.
