went bankrupt 11 years ago now getting colletion calls
Date: Sun, 08/02/2009 - 12:05
Well for starters it is probably out of SOL....secondly all you
Well for starters it is probably out of SOL....secondly all you have to do is give them your BK number. Write and tell them to FOAD...they are violating the BK stay. They are also reaging the account which is a FCRA violation.
You can obtain your bankruptcy records through the National Arch
You can obtain your bankruptcy records through the National Archives website (Archives.gov).
Why not simply sue them for the FDCPA violation of mis-stating t
Why not simply sue them for the FDCPA violation of mis-stating the Legal Character of the debt (that it is still legally owed) and the FCRA violation of re-aging?
I bet a summons would get everything straightened out toot-sweet.
Often when CA's get new accounts, they know nothing of the prior
Often when CA's get new accounts, they know nothing of the prior history. Respond to them first with the BK info...if they wont cooperate, then sue.
debt
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.
That sounds right to me. The names and accounts will be listed
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.