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went bankrupt 11 years ago now getting colletion calls

Date: Sun, 08/02/2009 - 12:05

Submitted by anonymous
on Sun, 08/02/2009 - 12:05

Posts: 202330 Credits: [Donate]

Total Replies: 7


I went bankrupt in 97 now I am getting colletion calls from Porfolio Recovery for a Visa from Capital One.. How can I get court records to prove I went Bankrupt on this it is no longer on my credit report & I have already taken it off & C.A just puts it right back on


This might sound like a strange question, OP..but, when you filed for BK, did you ask for ALL of your debt to be 'discharged'? I know a few people who have filed for BK,..however, they just 'picked and chose' what they wanted to file under their BK. Thsi came back to haunt them, in a way. The accounts that they DID NOT put under BK showed back up on their CR's. AND the SOL wasn't up yet, on them. I would say if you filed for BK that long ago, the SOL would be up on your debt. The only way that your OC can 're-start' the debt is if you agree to start making payments on the debt. If I'm wrong, please, someone correct me..thanks.


lrhall41

Submitted by sdchargers_63 on Mon, 08/03/2009 - 17:17

( Posts: 1798 | Credits: )


That sounds right to me. The names and accounts will be listed in the original petition. Before you start thinking legal action, you need to make sure the debt was actually discharged. If so, then inform the CA. If I understand right, it is not a violation of the FDCPA unless they try to collect after they are informed of the BK discharge. It is so old, that I would not worry about it. I do not think that there is any way that they can force a payment on this.


lrhall41

Submitted by southernapostolic on Mon, 08/03/2009 - 19:47

( Posts: 302 | Credits: )