I got my bankruptcy discharge last month. Today I got a notice from a creditor that was on the discharge still trying to collect money. I know that by law they cannot do this. So who do I report them to?
2006-08-30 11:28:26 · 12 answers · asked by chocolatemartinigal 2 in Business & Finance ➔ Personal Finance
Actually-this is a collection agency not the actual creditor-sorry!
2006-08-30 14:53:35 · update #1
Lets just try and keep is simple for now.
It's very possible that due to a filing error the creditor doesn't have info about your bankruptcy. If this was a small creditor, and not a collection agency, then that's a very good possibility.
Just send them a letter by certified mail/return receipt. Explain that they were included in the bankruptcy, and enclose a copy of your discharge. Tell them if they have any questions contact the trustee.
If after receiving this letter, they continue to contact you, contact the trustee. The creditor is now in violation of a court ordered stay and can be heavily fined and/or prosecuted. You seal their conviction with the copy of the certified letter you sent.
Follow that up with your own lawsuit if you want. I'm not sure what you would file under though, and I'm not sure what their civil liability is. If it was me, I'd just be happy to sick the judge on him.
2006-08-30 12:06:45 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Go to this site....
http://www.privacyrights.org/fs/fs27-debtcoll.htm
Somewhere amongst the links is a form letter that you can download and fill out.Just mail it to them,and that should do the trick.If not,then you might actually be able to sue them.Take the time to absorb some of the information at that website.You may find yourself armed with enough knowledge to get these people off your back with just a phone call to them.
Whatever you do DO NOT make payments on an a discharged debt! That would allow them to make a new entry on your credit file that will remain for seven years.
Don't let these people scare you.You might think you need a lawyer,but think twice before you spend that kind of money.Most of these debt collectors will back off when they realize that you know your rights.
2006-08-30 11:54:44 · answer #2 · answered by Danny 5 · 0⤊ 0⤋
Don't call the lawyer.....he is paid and done...
don't contact the trustee...they have no idea who you are.....
send copy of discharge paper and copy of page of bankruptcy papers that show that this certain creditor was listed in bankruptcy
send these papers certified mail return signature
poof no more contact....if they do.......sue!......you'll win
2006-08-30 12:02:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
hi you need to send a copy of the discharge to them they will not contact you again. get proof of mailing from the post office just in case it costs 50 cents
2006-08-30 11:41:15 · answer #4 · answered by hatemebackwords 2 · 0⤊ 0⤋
Fax them the bankruptcy papers
2006-08-31 02:21:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Refer them to your lawyer and keep records if they continue to harrass you. This may be needed to buil a case if it goes that far. Good Luck
2006-08-30 11:32:17 · answer #6 · answered by theechrismartin 2 · 0⤊ 0⤋
call your lawyer or send them a copy of your discharge showing that it was discharged
2006-08-30 11:31:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, just send them a copy of the bankruptsy papers.
2006-08-30 11:32:47 · answer #8 · answered by WC 7 · 0⤊ 0⤋
Go to www.clarkhoward.com and send them an email question. This is a consumer action website, and they're GOOD.
2006-08-30 11:31:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Refer them to your trustee.
2006-08-30 11:30:03 · answer #10 · answered by LAUGHING MAGPIE 6 · 0⤊ 0⤋