Complaint Review: Capital Acquisitions & Management Company

Thanks Scott.. They did immediate stop all collection efforts once they were informed that the debt was included in a backruptcy. We are already starting the legal stuff with CAMCO. Funny thing is (I wish we had kept a good history log), this particular debt has been showing up with a new collection agency about every 9-12 months since the bankruptcy date. None of the collection agencies ever call back after we give them the bankruptcy information, but somehow another collection agency will get the debt months later. We have started keeping extremely tedious records in order to track all activity in the future.

Thanks for all your comments.

Which loser collection agency is trying now? My money is on whitewing financial. IF they are continuing to collect I would use the above case law and sue not only the current CA but camco for selling a BK debt with the knowledge it was included in BK. IT is illegal. Take them both to small claims.

Susie - it is totally irrelevant what CAMCO "can do". We have an entire file of "straight facts" concerning this particular debt. CAMCO called my husband attempting to collect on this debt. Granted, after they were given documentation showing that it had been covered under the bankruptcy, they never called again. However, approx. 9 months later, another company called us to collect the debt and they told us (in writing) that they had bought the debt from CAMCO. Just because you work for them and are familiar with what they supposedly "can do", does not mean that you know everything about what they "Did Do".

If you wish to take camco to court for violations of the fdcpa for collecting on a debt discharged in BK be sure to use the following caselaw:
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Attempting to Collect Debt Discharged in Bankruptcy May Violate FDCPA

Description Court refused to dismiss a suit brought by a debtor whose debts had been discharged in bankruptcy. A bank bought a discharged debt and attempted to collect the debt. That may be a violation of both the Fair Debt Collection Practices Act and the Bankruptcy Code.

Topic Consumer Protection
Key Words Fair Debt Collection Practices Act; Bankruptcy;

Discharged Debt C A S E S U M M A R Y

Facts Wagner filed Chapter 7 bankruptcy and received a discharge of her debts in 1997. Among the debts discharged was a note secured by a mortgage of real property. After the discharge, the note and mortgage were assigned to Ocwen, which is in the business of buying and collecting defaulted debts. Ocwen attempted to collect the discharged debt from Wagner. She sued, claiming violation of the Fair Debt Collection Practices Act for attempting to collect money from her that she did not owe. Ocwen moved to have the claim dismissed, contending that her only remedy would be under the Bankruptcy Code.

Decision Motion denied. Since Wagner's debts had been discharged, she was not a debtor to Ocwen, who attempted to collect money from her. Ocwen's claim that only the Bankruptcy Code, but not the Fair Debt Collection Practices Act, could apply is incorrect. Both laws can be violated at the same time. Ocwen could be found in contempt of the Bankruptcy Code and in violation of the FDCPA. "Wagner's FDCPA claim, at its foundation, is no different from that of any other debtor who is dunned by a creditor who in fact is not owed any money; the fact that her debt was discharged in bankruptcy does not logically differentiate her case from that of a debtor whose debt was discharged in some other way."
Citation Wagner v. Ocwen Federal Bank, FSB, 2000 WL 1382222 (N.D. Ill., 2000)

You CANNOT collect on a debt that was discharged in BK. If you even used half your brain to think about it what would be the point of BK if after it is done all your creditors just started collecting on it. It is called contempt of court and you can get nailed hard. Since you are from rockford I will assume you work for Camco. Ohhhh do you have a surprise coming soon enough. One of your collectors was banned from the collections field for good and more are following. your boys mario and reese have even pissed some of their fellow employees off so much you have 4 'moles' working for your company. I tell you this so you go nuts looking for them.

Just to let you know that CAMCO will not and cannot collect debts in Colorado so maybe you should get the facts straight..If you are in Colorado then that means that the debt may have been sold to another company that could collect on this debt legally and yes I said legally....

You need to file with the FTC at ftc.gov. I think you click on the consumer link and then the complaint line. Just tell the truth as to what they did. Selling a collection is the same as a collection. you need to file NOW and let the FTC know what they did. Did they put it on your credit report, threaten to put it back on, threaten to sue you, curse you, harrass you continuously? And add the part about collecting on a BK debt. Do you know the name of the collector at Camco or remember it? Just file your complaint. You can also go and file with the illinois attorney general and even the delaware AG. silence helps nobody.