I have an old creditor coming after me for a debt that I settle in bankruptcy. Can I sue them?
Question by Penny: I have an old creditor coming after me for a debt that I settle in bankruptcy. Can I sue them?
I have an old creditor trying to come after me for a debt on a car that I paid that was settled in bankruptcy. The reason I found out was that I was to to get my home refinanced and their was a lein against my home. Can I sue them for trying to collect twice. Can I report them to some agencies like better buisness bureau?
Best answer:
Answer by Dark Night
Send them a copy of the bankruptcy judgement. If they don’t stop then talk to a lawyer.
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Your debt was sold to an unscrupulous bill collector, and you have no recourse except to ignore them. Do not write anything back to them because that means to them that they have a fish on the hook.
Perhaps the most powerful protection offered to you by the FDCPA is your right to tell your creditors to stop calling. To accomplish this, write a letter to the debt collector demanding that they cease all communications with you. According to the FDCPA, the creditor must then comply with your request, or they can be sued for monetary damages.
I would, if I were you, contact my bankruptcy attorney and let him write a demand letter to remove the lien and send you a notification that the lien has been removed. The lien, though removed, will still appear on your credit report as will a notice that the lien was removed.
I am not sure that you can sue the finance company because they have made no attempts to contact you to get you to pay the debt. If they did this after filing, you have an obligation to tell them that you have filed bankruptcy and then give them the name and phone number of your attorney. If they still contact you then you can sue.