help

[Anonymous]

I was discharged on 8/16/16.  I got a collection call on the 17th from a collection company.  It was for a stupid payday loan from like 4 years ago.  He was trying to tell me that I have to pay the money because it was not included in my bankruptcy becasue they were not given notice of it.  He told me they just got the case on 8/16.  I didn't even recognize the company name he said I owed.  He told me they are trying to get me for check fraud?  I don't know how, I haven't ever written them a check.  Am I missing something?  I told him to call my attorney and he got really nasty.  Also, I checked my credit score after the discharge and it went up by like 50 points.  Is that normal?  And is credit karma credit reports accurate?  THanks so much for any help with these issues.  

[Anonymous]

---

@Anonymous wrote:

I was discharged on 8/16/16.  I got a collection call on the 17th from a collection company.  It was for a stupid payday loan from like 4 years ago.  He was trying to tell me that I have to pay the money because it was not included in my bankruptcy becasue they were not given notice of it.  He told me they just got the case on 8/16.  I didn't even recognize the company name he said I owed.  He told me they are trying to get me for check fraud?  I don't know how, I haven't ever written them a check.  Am I missing something?  I told him to call my attorney and he got really nasty.  Also, I checked my credit score after the discharge and it went up by like 50 points.  Is that normal?  And is credit karma credit reports accurate?  THanks so much for any help with these issues.  

---

I am still a newbie myself so I cannot speak to the situation with the new company.

As for your last statement about credit karma, no. Those are vantage scores I believe they are called. You are best suited to get your fico scores so that you know exactly what potential new creditors are seeing

[Anonymous]

I don't know how they can get you for "check fraud" it seems like an over eager collector trying to scare you (which is illegal) into paying them. They may not have gotten the paperwork of your BK (which happens often if it's already sent to collections), but if they are listed as a creditor then they are included and must not contact you. If they are listed as a creditor, make sure your attorney follows up, and you can also send them a copy of your BK paperwork with a letter telling them to not contact you again regarding the debt. If they weren't listed and it's a valid debt (ask for proof) then you would need to pay on it.

[Anonymous]

Thank you!  I will do that now.  

[Anonymous]

I thought it did not sound right.  Thanks!  I am going to look into it to see if it is valid.

[0REDSOX7]

Other note - if this debt was incurred prior to your filing - the debt is discharged even if it WAS NOT listed on your Credit Matrix.

[Scupra]

Next time they call ask for their name, rep ID #, company name, collection amount and OC name. Then let them know you filed BK and will be talking to your lawyer about FCRA lawsuit I doubt you will even get all the company info you ask for before they hang up. Remember to note the time, date and things that were said to you. If needed have your lawyer sue them, you could walk away with some money.

[sccredit]

---

@Anonymous wrote:

 If they weren't listed and it's a valid debt (ask for proof) then you would need to pay on it.

---

This is absolutely incorrect

[0REDSOX7]

Here is the article explaining the "No Harm No Foul" rule that applies in most (does not apply in the First Circuit) circumstances...

http://www.nolo.com/legal-encyclopedia/are-unlisted-debts-discharged-no-asset-chapter-7-bankruptcy-c...

[jmclaughlin1982]

I had a payday loan company try this on me too. I was particularly lucky because I live in a state which has VERY strict requirements of payday loans. There are 2 loan companies that are even allowed to issue them in my state (others can give them, but you can't be held responsible for the loan after receiving it because they are not licensed in the state.) but, regardless, I had a 5 minute conversation with the rather rude woman on the phone. I explained that she is in violation of the permanent injunction and that I would be contacting my attorney. I offered her my attorneys name and number and told her if they called again I would pursue a contempt charge against them.
Guess what, I haven't heard from them since, neither has my lawyer. Lol