We have several clients who received a bankruptcy discharge (from a Chapter Seven) but yet the discharged creditor continues to call or write letters demanding payment. What should you do if this happens to you? We suggest you give them a choice – either stop or get sued.
First, make sure the debt was listed in your bankruptcy petition. If you don’t have your petition, call your bankruptcy lawyer. If it was not listed, at least in Alabama (and most other places), the debt is discharged but you need to let the creditor know about this.
Second, send the creditor a letter by certified mail, return receipt requested. Keep a signed copy (not just a word document on your computer). The letter can tell the creditor to leave you alone, the debt was discharged (give the case number and where it was filed), and that if they bother you again you will hold them accountable.
Normally this works but occasionally it does not. We just received a call from a bankruptcy lawyer who has a client still being harassed by a collection agency that knows the debt was discharged. This type of arrogance of collectors and creditors in trying to illegally collect debts must be challenged. We will make this expensive for them by suing them…
(Click here to read more information on our website about this illegal practice of harassing you after discharge).
Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.