The collector called when I wasn't home. He answered my husbands questions about what he was calling about. They want me to call back and give the discharge # and lawyer's name. Can I be legally responsible for this debt that was discharged 10 years ago in the bankruptcy? Obviously this debt was sold to a third party collection agency. How do I need to respond to protect myself?
2006-10-01 15:52:09 · 14 answers · asked by Barbara C 1 in Business & Finance ➔ Credit
Do not answer or give anything to the collector. Even though the debt was discharged in bankruptcy, you could open a can of worms by agreeing to anything or paying anything. Do not correspond, don't do nothing or even bait them to take you to court. It is a new tactic now in use. Do not supply any information about your bankruptcy or lawyers contact. This could reopen a door you closed many years ago.
Ignore the calls and use anonymous call blocking to help screen out the calls. Hang up when they call. Your response it to do nothing. Just make sure you have your papers ready just in case.
2006-10-01 16:01:04 · answer #1 · answered by smiley0_1_1999 5 · 0⤊ 0⤋
I work in a collection agency and this is frustrating. First people invest thier money into buying debt then some is collected some isnt some is discharged in bankruptcy then to cut losses more they sell all of it back to someone else even the bankruptcy's. It's not the agency's fault more of a greedy Investor somewhere who wanted a little extra cash. All you should have to do is give them the lawyers name and number tell them to check with the attorney and all set you should be done with it unless of course it gets sold off somewhere else down the road then the same process.
2006-10-04 16:44:39 · answer #2 · answered by Bob T 1 · 0⤊ 0⤋
The debt is dead UNTIL you do something - after 7 years they can't collect, unless they can get you to pay $1 on it or somehow acknolledge it - then boom - the 7 years turns into 1 day and they can hound you for the next 7 years.
This is common, people "buy" old debt and try to beat money out of you - Tell him that you do not want to be contacted by phone, he'll have to stop doing this. Ignore him - it's 10 years old!
2006-10-01 15:55:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You are obligated to give them the discharge number. Bankruptcy isn't a free pass completely. You have some responsibility. Face it and go on.
2006-10-01 15:55:29 · answer #4 · answered by ? 6 · 0⤊ 0⤋
Tell him that you are past the statute of limitations for the legal collection of debt in your state and beside, the acount was included in your BK.
If they call again, tell them you are reporting the company to your state Attorney General's office and the FTC for violation of the Fair Credit Collections Act
2006-10-04 19:50:18 · answer #5 · answered by supercreditguru 3 · 0⤊ 0⤋
I suppose you could give them a discharge number. However, bankruptcy is a public record item, on record at the courthouse. It is their business to check the court papers.
So, you could also tell them THEY are responsible for knowing this was cleared ten years ago, and one more word from them will get them a major lawsuit, and their failure to exercise due caution in not checking the bankruptcy court papers will subject them to a gross negligence suit. they can find it' they don't need to get it from you.
2006-10-01 16:04:12 · answer #6 · answered by retiredslashescaped1 5 · 0⤊ 0⤋
Ignore it.
When I was in college, I had a Chase card that I didn't pay. The limit was $2500 and I maxed it out. I didn't pay more than $500 on it.
Currently, my car loan is with Chase, and I have 2 chase credit cards; all with low interest rates.
The stupid collectors are still calling me. I don't answer the phone when they call.
2006-10-01 15:57:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Every state has a statute of limitations on having to pay debt back. Look yours up.
I would imaging after 10 years, you would not have to worry about it AT ALL.
It's a fresh start!
2006-10-02 16:00:23 · answer #8 · answered by ilovetiti 3 · 0⤊ 0⤋
you will be if you send a payment or say you will pay you don't even need to send your lawyer's name they can find that out. Also when they call tell them not to contact you because it is causing you emotional distress and you are feeling harassed those are two of the criteria for a harassment tort and will make them stop calling
2006-10-01 15:59:25 · answer #9 · answered by j918101080 2 · 1⤊ 0⤋
I would contact the Better Business Bureau and/or a credit bureau. I would think that your question requires a legal answer.
2006-10-01 16:46:28 · answer #10 · answered by Kimba 2 · 0⤊ 0⤋