On June 23, 2006, Judge James B. Haines, Jr. entered a default judgment and damages award to Donald and Diane D'Agostino against Blair Credit Services and two collection agencies. Judge Haines's order, entered after a evidentiary hearing on damages at which Donald D'Agostino testified, was in the amount of $15,000 for actual, compensatory damages, $75,000 in punitive damages, and $6,000 in attorneys fees, for a total of $96,000. The D'Agostinos were represented at trial by Scott Logan, Esq. and James F. Molleur, Esq. This judgment is one of the largest judgments in the State of Maine for automatic stay and discharge injunction violations.
Judge Haines found that Blair Credit Services, a retailer that sells through catalogues, was owed a small balance on a credit card when the D'Agostinos filed a Chapter 7 bankruptcy case. Despite the auotmatic stay's prohibition to creditors to cease contact with the D'Agostinos, Blair, through its collection agencies, persistently tried to collect on the debt. Even after repeated communications by the D'Agostino's attorney and the Chapter 7 Trustee, Blair's collection agencies continued their collection efforts. Blair's agents did not stop their efforts after the D'Agostinos completed their bankruptcy case and received their discharge, a Court order which ejoins creditors from collecting on debts.
If you have filed bankruptcy and are being hounded by creditors or their collection agencies in violation of the automatic stay or the discharge injunction, enforce your rights under the Bankruptcy Code and obtain the peace of mind to which you are entitled. Make sure your creditors comply with the law.