Thursday, April 16, 2009

Sign Costs Creditor $21,800

Chuck Newton's blog, stayviolation.com, has the details on a case he recently tried in which a creditor posted a sign in a small town stating: "BRAD COLLIER OWES ME $984.23 WILL YOU PLEASE COME AND PAY ME!" The Court awarded $21,820.00 in damages for violation of the automatic stay. No. 08-2004, James Bradley Collier v. Paul Hill (Bankr. E.D. Tex. 4/7/09). Go to Posting Signs About the Debtor Can Constitute A Stay Violation on Chuck's Blog for all the details.

1 comment:

Patches said...

Ohhh! You are so a life saver! Thank you thank you thank you for that lead on the web site. Just had a 45 min. conversation with a bigwig creditor attorney on a Violation of Stay Motion we just filed 2 weeks ago. I was kind of out gunned but I think I threw her a few curve balls. ie. possibility of an Adversary on Fair debt and Deceptive Trade. Boss was at a creditor meeting so I had to take the call. Ya, legal assistant v. bigwig...not so fair but I have been a part of probably 50-60 or so Violation of Stay motions over the 14 years I have been doing this. Boss doesn't mark up the ones I cook up as much anymore. Just a few "I want to say this here" and "I don't want that there" stuff like that.

Got any leads on Rent to Own and violations of Stay?