Thaler Oil

Mr. [redacted] complaint should be filed against J&S Sales of Chippewa Falls, LLC (formally Chippewa Sales) - not Thaler Oil Company, Inc. These are two entirely different companies.I agree with most everything Mr. [redacted] states in his complaint, except for a couple of items....

Mr. [redacted] came to our office, saying that he wished to pay for a Judgment we hadagainst him and his ex-wife from back in 2004 in order for him obtain a loan. At no time did he ever say that this was previously discharged from a bankruptcy, nor did we know that. If he hadtold us that, we never would have collected money from him and would have told him to bring the Satisfaction of Judgment to his bankruptcy attorney's office, who could have signed it forhim. Clearly, we are not going to sign a Satisfaction of Judgment when we were never paid for this in the first place. He handled us a check, and we signed his Satisfaction of Judgment.After he used the Satisfaction of Judgment to obtain his loan, he came back and demanded that we refund him back. The damage was already done, as he used our signature on theSatisfaction of Judgment to obtain his loan. When I told him that he should have just brought it to his attorney's office for a signature in the first place, he stated that his attorney had died andit was just easier to do it this way. At no time did we collect money from him knowing that his debt to us was previously discharged through bankruptcy, and feel strongly that not only did he"use" us to obtain his loan, but that he also had a duty to inform us of the bankruptcy at the time he asked us to sign his Satisfaction of Judgment.Regards,[redacted]General Manager

Review: On October 13, 2005 I filed a Chapter 7 Bankruptcy. On August of 2004 a judgment was filed against me for $196.00 with the creditor being Chippewa Sales ( Chippewa Sales does business as Thaler Oil). In my Bankruptcy, I included this debt. A Certificate of Service on Thaler Oil was served by 1st class mail on February 10,2006. Chippewa Sales(Thaler Oil) was listed under Schedule E (Creditors Holding Unsecured Priority Claims), They were also listed under #4 ( Suit and Administrative Proceedings, Executors, Garnishment and Attachments). A verification of creditor matrix was done on October 8, 2005. I applied for a home loan in 2008. I was informed by the financial that I had applied with, that Chippewa County shows a judgment against me from Chippewa Sales for $196.00. At that time, I didn't realize that the judgment listed was the same one I had included in my bankruptcy. But in order for me to get the loan, I had to show that I had paid the judgment. On September 25, 2008 I went to the Thaler Oil office and paid them the $196.00 which in return they issued me a satisfaction of Judgment for me to give to the financial. I received a copy of my credit reports from the financial once my loan was closed and processed. The Transunion credit report shows under public records that Chippewa Sales was paid October of 2005 by Chapter 7 Bankruptcy, the other credit report shows the same information. Bankruptcy code 362 states that a creditor are prohibited from taking collection actions and they can not collect a debt that was included in a bankruptcy. My bankruptcy was discharged on February 7, 2006 and once my bankruptcy was discharged, the creditor may never try to collect the debt from the debtor. Chippewa Sales refused to remove the judgement, unless I paid them, which under the bankruptcy laws, is highly illegal. I did go to the Thaler Oil office in June of 2014, after my many phone calls went unanswered. I spoke with the General Manager [redacted] (Phn # [redacted]) and showed him the documentation of my bankruptcy and the date it was discharged. I informed him that I had found out that they were never to try and collect the debt since it was included in my BK and my BK had been discharged. His response was" well I am not going to return your money, we got it and were not going to refund it".Desired Settlement: I would like for them to be reported to the bankruptcy court for an illegal collection of a debt. I would also like a refund, with interest from the date they received my money, until the date I get my refund. The interest amount to be used should be what the consumer interest rate is and calculated with a daily interest accrual, just like consumer loan interest rates are calculated. I would also like a fine/penalty that you would deem fit for the illegal collection practice against me, to be paid to me as a penalty to them.

Business

Response:

Mr. [redacted] complaint should be filed against J&S Sales of Chippewa Falls, LLC (formally Chippewa Sales) - not Thaler Oil Company, Inc. These are two entirely different companies.I agree with most everything Mr. [redacted] states in his complaint, except for a couple of items. Mr. [redacted] came to our office, saying that he wished to pay for a Judgment we hadagainst him and his ex-wife from back in 2004 in order for him obtain a loan. At no time did he ever say that this was previously discharged from a bankruptcy, nor did we know that. If he hadtold us that, we never would have collected money from him and would have told him to bring the Satisfaction of Judgment to his bankruptcy attorney's office, who could have signed it forhim. Clearly, we are not going to sign a Satisfaction of Judgment when we were never paid for this in the first place. He handled us a check, and we signed his Satisfaction of Judgment.After he used the Satisfaction of Judgment to obtain his loan, he came back and demanded that we refund him back. The damage was already done, as he used our signature on theSatisfaction of Judgment to obtain his loan. When I told him that he should have just brought it to his attorney's office for a signature in the first place, he stated that his attorney had died andit was just easier to do it this way. At no time did we collect money from him knowing that his debt to us was previously discharged through bankruptcy, and feel strongly that not only did he"use" us to obtain his loan, but that he also had a duty to inform us of the bankruptcy at the time he asked us to sign his Satisfaction of Judgment.Regards,[redacted]General Manager