01-07-2013 10:12 AM - edited 01-07-2013 10:29 AM
Can a creditor of an account IIB place this account with a collection agency six years after discharge? Discharge of Ch 7: 11-05; Creditor shows: Date of 1st Del. 9-11, Date Maj Del 1st Rptd 4-12; Collection Date Assigned 4-12. What recourse (s) for me? Thank you for your advice.
01-07-2013 11:58 AM
01-10-2013 06:10 AM
01-10-2013 02:57 PM
I would contact both the CA and the OC via snail mail CMRRR. Have them remove the TL immediately or take them to court and get damages.
It is a violation of the discharge injunction. You may even want to notify your attorney and have him make the contact because there are attorney fees that would have to be paid by the offender (OC/CA) as well as damages to you.
Be agressive about it.
I had a similar thing happen right after my discharge (within a month) and it was gone with one phone call. If it were years later like yours is, I would do it all in writing and get paid for the damages they have done. When the OC sold your debt that was discharged with the CA and the CA put it on your report (which is collection activity) they violated your discharge injunction.
01-11-2013 06:24 AM
I would definitely speak to my attorney first. In my case he was very clear that he was happy to take violations of the stay to court because of the attorney's fees being the creditor's obligation.
01-11-2013 07:53 AM - edited 01-11-2013 07:55 AM
No it's against the law. Had this same issue with HSBC last year. thank goodness Captial one took them over because talking to them was like talking to a brick wall. Spoke to my bk lawyer and he stated they are voliating the law, becuase it was discharged in bk. I contact hsbc again and they told me to contact CA. I spoke to CA they told me they already knew about my bk due to them soft pulling my credit report and they sent it back to HSBC. Called hsbc and they kept stating I had to speak to collection company. So since they also responded to my certified letter to contact CA and validated my dispute with CRA. I was nice enough to only file a dispute with bbb and capital one executive office called and apologizes and update. My bk lawyer stated I had enough on them to sue, but since I have a great relationship with new owners Captial one I let it go.
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