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 Posted: Wed Aug 10, 2005 7:15 am Subject: Chapter 13 and Collection Agencies |
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I'm in Chapter 13. I took out a few payday loans - I didn't realize I couldn't do this under 13 until after I had done it. Stupid. I can't pay them back according to their terms, but I can pay them back. A couple have been sent to collection agencies. I have not told these agencies I'm in 13 and don't plan to. But I'm sure they can check publis records. Can these agencies contact the CH 13 trustee? Would they do this?
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ScrewedUpBigTime
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Debtcc Points: 100
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| Posted: Wed Aug 10, 2005 7:31 am Subject: |
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I would check with your BK attorney.
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vwh
Joined: 22 Jul 2005
Posts: 134
Debtcc Points: 5762
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| Posted: Wed Aug 10, 2005 2:04 pm Subject: |
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ScrewedUpBigTime - If the said debt has not been included in the bankruptcy, then the collection agency can contact you for recovering it. However, you can seek information from your bankruptcy court and confirm it.
If it is permissible, then make sure that you exercise your rights as per the FDCPA law by asking for proper validation. Also verify the SOL period and see if it is within the recovery period. If it has past the SOL period, then you are legally forced to pay the said debt.
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ben
Joined: 20 Jul 2005
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