Complaint #1585427 submitted on 09/29/2015 relating to U.S. Collections West, Inc.. Complaint relates to Debt collection Other (i.e. phone, health club, etc.) - Cont'd attempts collect debt not owed Debt was discharged in bankruptcy.
Complaint was submitted via Web and sent to the company on Tuesday 29th September 2015.
Complaint is against US West Collections, XXXX XXXX XXXX, XXXX AZ, XXXXFirst, a judgment was obtained against my spouse, XX/XX/XXXX, which was paid in full via garnishment of her wages, and a release of judgment was obtained. However, upon my spouse filing Ch. XXXX Bankruptcy XX/XX/XXXX, the Trustee demanded that the monies be returned.
XXXX XXXX and XXXX XXXX XXXX were included as creditors in my spouse 's Ch. XXXX Bankruptcy, and the total of those debts were discharged, including the full amount of {$7400.00} they claim is owed ( copy of discharge attached ). However, this debt was referred to US Collections West.
US West Collections obtained a judgment against me, separately, after the above debts had been discharged through my spouse 's bankruptcy, and garnished my wages from XXXX, XXXX XXXX XXXX. This judgment was satisfied XX/XX/XXXX XXXX copy attached ).
It has since come to my attention that US West Collections is improperly reporting this debt on my credit report. Furthermore, after consulting with my attorney, US West Collections may have illegally garnished my wages and committed a stay violation for the previously discharged community debt through my spouse 's Ch. XXXX Bankruptcy. It is illegal to attempt to collect a debt post-discharge, and as Arizona is a community property state, each spouse has a 100 % interest in the other spouse 's assets, including income. This is referred to as a " phantom discharge '', and can be found in the Federal Bankruptcy Codes XXXX XXXX XXXX and XXXX XXXX XXXX. In addition, the copy of the enclosed discharge also states that collection of discharged debts from community property are prohibited and the violator may be required to pay damages and attorney 's fees to the debtor.
This has caused denial of credit and potentially denial of a mortgage for not only myself, but my spouse separately.
| Company | U.S. Collections West, Inc. |
| Complaint ID | 1585427 |
| Date Received | 09/29/2015 |
| Product | Debt collection Other (i.e. phone, health club, etc.) |
| Issue | Cont'd attempts collect debt not owed Debt was discharged in bankruptcy |
| State/ZIP Code | AZ 852XX |
| Consumer Consent | Consent provided |
| Company Public Response | |
| Company Response To Customer | Closed with explanation |
| Submitted | Web 09/29/2015 |
| Result | Timely Response: Yes, Consumer Disputed: No |
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