bankruptcy discharge
Date: Thu, 06/03/2010 - 21:15
What type of creditor is suing you?? Usually the only secured d
What type of creditor is suing you?? Usually the only secured debts are home or auto type loans. Have you called them to tell them you filed bankruptcy?
Have they reserved their rights about collecting the debt even w
Have they reserved their rights about collecting the debt even when you have filed bankruptcy?
If this debt was discharged in bankruptcy any legal action to co
If this debt was discharged in bankruptcy any legal action to collect on it is a violation of the FDCPA and possibly your state laws. You should find a competent consumer lawyer who has experience not only defending these lawsuits, but also suing debt collectors and their lawyers. Because this was discharged in bankruptcy, they should be paying you at least $1,000 plus other damages including your lawyer fees to defend the bogus lawsuit. You can find a lawyer nationwide at www.naca.net or figure it out yourself by using the great wisdom of people on this site.
It is not a violation of the FDCPA..it is a violation of the ban
It is not a violation of the FDCPA..it is a violation of the bankruptcy code...federal law, not any state laws.
I respectfully disagree with your wisdom gained from being a deb
I respectfully disagree with your wisdom gained from being a debt collector. In Texas making a claim for an amount that is not due is a violation of the state law. Other states may have a similar law. I'm not trying to upstage you, but I have experienced this and know what I am talking about.
Texas Finance Code Sec. 392.30
Sec. 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS. (a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent, deceptive, or misleading representation that employs the following practices:
8 misrepresenting the character, extent, or amount of a consumer debt, or misrepresenting the consumer debt's status in a judicial or governmental proceeding;
The FDCPA is similar, I am almost sure of it that trying to collect a debt that is not due and misrepresenting that it is due is a violation of the FDCPA.