Pinnacle Financial Group Harassment, Abuse, Unfair practice Minneapolis Minnesota

Amy,

Before you jump to tell someone they are wrong, you should have the facts, which you do not have.
Therefore, I am not wrong. It is you, once more who speaks without the benefit of knowledge, and makes assumptions. This is how I beat lawyers.

She [the OP] never said if she signed anything or not. Did she? She said she tried to take care of it, but did not say how.

Furthermore, under the SOL laws, making a payment or agreement to pay is re-affirmation. All the creditor has to so is take that re-affirmation to the BK court and it will stand.

I have been through this and am giving advice from personal experience.

And, these laws vary some from state to state, so that is another variable here that has not been adressed. And if you read my post, I said "may have" which means I was allowing for these variables, instead of making uneducated assumptions.

Leah,

I also forgot to tell you that you can NOT reaffirm a debt under bankruptcy unless you sign a reaffirmation agreement and submit it to the court. You cannot reaffirm verbally and you do not automatically reaffirm a debt by continuing payments. We paid on a van for two years after our bankruptcy and when we couldn't afford it anymore I called our lawyer. He said that because we didn't sign a reaffirmation agreement and one was never filed with the court we hadn't reaffirmed and could let it go back under the bankruptcy. This was legal advice that I got from our lawyer; you should talk to your lawyer about this too.

So, Steve you are wrong about that too.

Good luck!

Leah,

When we need to add a creditor to our bankruptcy we called the lawyer who had filed it for us. They told us, under our circumstances, we could add the creditor. I don't know the specifics about whether you would be able to or not, but if you used a lawyer to file your bankruptcy just call them and ask. It can't hurt anything and usually they don't charge for phone calls like that (but yours could). I do know that there are situations where you cannot add a creditor but I'm not sure what they are. So, the only way to find out is to ask your attorney.

Steve, I don't have time to do any research for you because if you know everything already you don't need my input. I can tell you off the top of my head one thing you have repeatedly said that is wrong and that's the comments about discovery and interrogatories but I have already argued with you about that (and I think that I cited a MN rule of civil procedure). I need to study for finals now but I guess if I want to become as smart as you I should just get old and bitter but instead I guess that I am going to choose book smarts. In fact, I am probably pushing that grey area about what I can and cannot do so I'm not going to do it anymore; my future in law is more important than keeping you from giving bad advice to poor unsuspecting people. I will REALLY help people when I graduate from law school and it won't be accomplished by posting on this web site; so I won't do it anymore.

A warning to those of you who listen to Steve without researching his advice or obtaining the advice of an attorney; DON'T. It's never a good idea to take legal advice from anyone other than a lawyer. If you cannot afford a lawyer, you can always contact your attorney general's office or a legal aid office. Also, if you have a law school in your area, you can also contact them because sometimes they handle cases for people who cannot afford to pay as learning cases. Just come suggestions for those of you who can't afford an attorney. Representing yourself should always be your LAST resort; not your first.

Good luck!

Leah,

If you made an agreement to pay this account, you may have re-affirmed this debt. If that is the case, contrary to what Amy the law student tells you, you cannot add it to your bankruptcy.

As far as stopping the calls, this is easy. Under the provisions of the FDCPA you have the right to send a CEASE COMMUNICATIONS request. Send this by certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records. This is very important.

If they contact you after they signed for your letter, they are in violation of federal law, and you are entitled to damages, both punitive and civil.

Send this letter by the means above, today.

Also go to FTC.gov and file a separate complaint for each violation of your rights, as enforcement is not brought on an individual basis, it is brought by number of total complaints.

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Amy,

Although you are a law student and are very eager to give legal advice, you should take the advice you gave me. Don't. You attempted to 'educate" me on the differences between criminal and civil case differences, and also commented on my interesting life.

Food for though for you. I am most likely twice your age, and have dealt with these issues long before you were born. Yes, I have lived a long and interesting life. Real life experience is so much more valuable than what you learn from a book.

I worked in the financial business for many years and I have been on both sides of this collections thing. I know exactly what can and cannot be done.

As a defendant you simply deny everything. There is no penalty for this. It is the way it works. the entire burden of proof is ALWAYS on the plaintiff.

And, once more, Interrogatories are NOT sent under court order, and you do not have to fill out or return them. If they were an official document, they would be filed at the court house and would be served by a process server, just like the summons, or sent by certified mail. You can only be held in contempt for violating a court order or procedure of the court.

Knowledge is power, and that is why I have beaten every action brought against me in approx 5 years with 34 creditors I walked away from for a total of approx $170k. And, yes, I have dealt with almost every collection agency and junk debt buyer out ther as each debt has changed hands approx 5 times average. 5x34=170.

Call you bankruptcy attorney, the one who filed for you, tell them that you left out a creditor (as long as the debt was incurred before you filed bankruptcy) give them the name of the original creditor and the collection agency and tell them that you need them added to the matrix. They will usually add them for a minimal fee (sometimes as low as $50).

But if you have your case number and the phone number for the bankruptcy court clerk (which you can get on-line), call them and ask what their procedure is for adding a creditor the matrix. In our district (MN) all you would have to do is write a letter to the court clerk with the case number and the names and addresses of the creditor(s) (you need to add the original creditor and the collection agency) and they will add them for free.

But, again ask your bankruptcy attorney about this but I do know that you can still add them to your bankruptcy even after the discharge as long as the debt was incurred BEFORE the filing of your bankruptcy.

Also, you can call original creditor as well as the collection agency and let them know of your intention to add them to the bankruptcy and give them the case number and the discharge date; then DEMAND that they stop. Then it wouldn't hurt to write them a letter with the case number and the discharge date on it and let them know in the letter that they are being added to the bankruptcy; send it Return Receipt Requested. If they ask you to pay after they receive the notice, they are in violation of a federal court order under your bankruptcy and you will definitely want to let your attorney know about that.

Good luck!