CREDITOR tries to contact after DC

[nomadic_traveler]

I'm 2 years out from my DC and I've been contacted by a debt collector about debt included in my CH7.  They referenced several of my credit card debts that were DC'd.  The majority of my cc debts were sold off to debt collectors before I filed.  So potentially someone might have bought the debts again in hopes of collecting.

My understanding is that if the original debt is DC'd through a CH7 then no one can collect on it.  

No clue the company that called me.  They were pretty aggressive.  Making threats and so forth.  Although I didn't confirm to them any of the info they talked about, they had a lot of correct info. 

I'm curious has anyone had to deal with someone trying to collect after everything being DC'd?  I realize I could get back in touch with the lawyer I used for my CH7 but as I said I have no clue who the person or company is that called me. 

[Anonymous]

All you have to do is tell them that debt has been discharged in Chapter 7 BK.  They should ask for the file number, the date filed/discharged and the lawyer's name and phone number.  After that they are not allowed to call or continue to collect that debt from you.  This is law.  They should eff off at that point.  But sadly what will happen most likely is they will sell that debt off again to another place and in a few months a new collection company will call you.  And then you just repeat the process.  Eventually it will get written off and not sold again and again.

[FireMedic1]

Block the call on your phone. Probably a zombie debt collector. If they even attempt to place anything on your report. You got em then. They'd be in violation of the BK laws on paper. Then you could sue and win $1000 plus attorney and court fees.

https://www.nolo.com/legal-encyclopedia/damages-fdcpa-violations.html 

[Anonymous]

I'm in the exact same situation. Ch7 discharged in 2018. But my problem is that the Collection Agency was reported on Equifax in 2020.

Is this a clear violation? 

Are they required to delete the account or can they add comments (bk) if I inform them?

[FireMedic1]

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@Anonymous wrote:

I'm in the exact same situation. Ch7 discharged in 2018. But my problem is that the Collection Agency was reported on Equifax in 2020.

Is this a clear violation? 

Are they required to delete the account or can they add comments (bk) if I inform them?

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Big time BK law violation. Contact your bankruptcy attorney for help enforcing the discharge. You’ll have to file a motion for sanctions for violation of the discharge and serve it on the bad acting creditor. The Bankruptcy Code allows the judge to award you the attorneys fees and damages or sanctions that you incur in enforcing the discharge. If the debt buyer had no reason to know about the discharge, you may have a violation of the Fair Debt Collection Practices Act.  A wider range of damages may be available to you as a result.

[Anonymous]

Thank you for the reply.

I called the Debt Collector to informed them that the Debt is discharged and that it could be a violation.

He became very rude and aggressive and said that he did not violate any law because the Original Creditor didn't tell him that there was a bankruptcy.

I basically had to hang up on him because of his rude tone.

I'm going to seek legal action ASAP

[FireMedic1]

LOL!!!!!!! Checks in the mail......

[Crowhelm]

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@Anonymous wrote:

Thank you for the reply.

I called the Debt Collector to informed them that the Debt is discharged and that it could be a violation.

He became very rude and aggressive and said that he did not violate any law because the Original Creditor didn't tell him that there was a bankruptcy.

I basically had to hang up on him because of his rude tone.

I'm going to seek legal action ASAP

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If he calls again do not answer it but keep a record of it. If he leaves a voicemail, even better. Solid proof of how he is in violation. 

[Anonymous]

Thanks for the advise.

I'm having a hard time though finding a consumer attorney in Ohio. All the lawyers I've contacted so far say they don't practice this type of Law.