Saturday, July 31, 2010

I received a call from a recovery service for a debt in 1987. It was dismissed in a 1990 bankruptcy?Any Advice

Try to get as much information as you can (their name, the agency they work for and who they are collecting for) then advise them they are trying to collect a debt that was discharged in bankruptcy. Just keep a log of every time they contact you, then your attorney will have more documented statements if they were to file a lawsuit against the creditor.I received a call from a recovery service for a debt in 1987. It was dismissed in a 1990 bankruptcy?Any Advice
Creditors can come back and ask for their money only if the bankruptcy judgement was without prejudice meaning that the court has essentially given your creditors permission to pursue getting their money after the bankruptcy has been discharged. It might take them years to come after you again (the length of the bankruptcy) but it's legal depending on your bankrupcy order.





You're absolute best bet is to contact a bankrupcy attorney and bring your original bankruptcy paperwork and court order. Depending on the laws of your state, if you don't acknowledge someone attempting to get a debt from you, you run the risk of them getting a garnishment on your wages.





But don't answer them yourself!!!! Let an attorney do it for you!!!!I received a call from a recovery service for a debt in 1987. It was dismissed in a 1990 bankruptcy?Any Advice
This is probably one of two things; fraud or a mistake.





Theres a huge market right now for bad debt resales, wherein you can buy say $1000 dollars of years past, retired debt for a buck or two, and its up to you to see if theres a way to still collect on it. Someone may have accidently listed an old debt in a file they sold one of the collection companies that buy up this bad debt, and you should be able to get it cleared up by asking them to send you info showing it as current debt, You might have to be able to send them info showing it as cleared up by the bankrupcy, but be careful not to send them personal info like you Social number and such.





It could also be a deliberate scam. Something like 25% of money collected by collection companies now adays is debt that isn't even valid but the dead beat collection companies have found out that tonnes of people will just pay anyways when someone calls just to get them off their back because they don't want their credit ruined and can't be bothered to fight back or double check. Again, they have to be able to provide you with info proving the debt is real and current, and when you question them about it they should back down eventually. You'll probably have to just be real when you're talking to the person who's calling to harrass you, and let them know you know they're trying to scam you, and you're not goign to answer the phone anymore, but eventually they'll give up on it.
I'm not sure of the laws in the States (or where you live) but in Canada it's actually illegal for them to contact you after your bankruptcy has been finalized. Call the people you used to file and ask them what you can do about this. Usually they will handle it for you.
You should dig out your bankruptcy folder and make sure that they were listed. If so, all you have to do is tell them to get lost and do not call you again.
What has happened is an old debt has been sold to another company (probably for pennies on the dollar). Your debt has already been dismissed by the original company.





Do not contact them or acknowledge the debt in any way!!!!


It is not the original company, and despite any threats or comments they cannot hurt your credit.





If you acknowledge the debt, even to tell them it was dismissed, it reactivates it in many states.





Just ignore it, you didnt make the debt with the current company.
Have you lawyer contact them or fax them proof.
Consult a bankruptcy attorney. That will be the best advice. Other than that, I feel fairly confident in saying that the statute of limitations has run out on that debt. Without further detail, I could not say for certain, but I do believe you can forget about it. Also, if it was successfully included in that bankruptcy, it is doubtful that they have any grounds to try and collect.

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