Oakdale, CA Bankruptcy Law Firms & Lawyers

Dear Anonymous, Normally, if this was a run-of-the-mill Social Security Benefits overpayment, I would give you a fairly quick response to this question. However, given the size of the overpayment, I think you really need to discuss this with a bankruptcy attorney in person. The reason is you need to discuss with the attorney the basis for the overpayment. Most bankruptcy attorneys offer a free, initial consultation. Many attorneys may not wish to answer a question of that nature in a free consultation, but I am sure you can buy an hour or so of their time to discuss it. From the sounds of it, you should probably first contact an attorney to assist you with the benefits process - I've never seen a claim of overpayment that large, so you really need some assistance or you could put yourself in a pretty bad situation. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."  

The filing of your bankruptcy petition resulted in an automatic stay under the Bankruptcy Code prohibiting anyone from attempting to collect a pre bankruptcy debt against you without first obtaining relief from the automatic stay. The Bankruptcy Code expressly provides that an individual injured by any willful violation of the stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. It is the practice at our Firm to first contact the offending creditor and confirm in writing the filing of the bankruptcy and the resulting automatic stay. If the creditor continues to attempt to collect the pre bankruptcy debt, our Firm would then file a motion for contempt for violation of the automatic stay.

Contact the debt collector that is collecting this debt, state that you believe that you are the victim of forgery, and demand a copy of the note you allegedly signed. If the matter cannot be resolved in that manner, you probably need a consumer attorney to file suit.