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bankruptcy discharge

Date: Thu, 06/03/2010 - 21:15

Submitted by anonymous
on Thu, 06/03/2010 - 21:15

Posts: 202330 Credits: [Donate]

Total Replies: 5


i filed for chapter 7 bankruptcy and got my discharge but today i got served and am now being sued by one of my creditors i think it might have been a secured debt but can they sue me even though i have a discharge and they were included in it


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.


lrhall41

Submitted by Joe Smith on Sat, 06/05/2010 - 19:25

( Posts: 93 | Credits: )


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.


lrhall41

Submitted by Joe Smith on Sat, 06/05/2010 - 22:00

( Posts: 93 | Credits: )