How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31217
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I filed for bankruptcy in 1999. I successfully met my obligation

Customer Question

I filed for bankruptcy in 1999. I successfully met my obligation in 3/03. Yesterday my credit froze my assets until I pay the amount they say I still owe. Is this legal? what can I do?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question.

Was the claim of the creditor that did this discharged or paid in full through your bankruptcy?
Customer: replied 4 years ago.

No. The man from VyStar Corporate did not offer any explanation. He ambushed me by phone when we went into the local credit union to find out why my debit card wouldn't work. We had $1900 in out checking, we've been saving for Christmas . The personnel in the bank knew nothing and neither did I. He was so rude and it was such a surprise I lost it by sobbing uncontrolby and my husband took me our or the bank sobbing. This was 13 years ago. They were named in the settlement. How can they do this?

Expert:  Roger replied 4 years ago.
If the debt was discharged in your bankruptcy, then any collection attempt would be improper as your obligation to pay would be cancelled by the bankruptcy.

If the debt was not discharged or included in your bankruptcy, or if this debt was incurred after the bankruptcy, then the debt would be collectible so long as the statute of limitations was met. The period is 4 years from the date of the default on the account.

If your account has been frozen, that generally means that the creditor has a judgment against you, and a garnishment has been issued to freeze your account. It is possible to challenge the garnishment or freezing of the account, but you're going to need a local lawyer to see what the basis of the creditor's claim is, whether or not a judgment has been issued, and what the basis of your account's seizure is.

Those are all things that you'll need to look at to see if you have grounds to challenge the freeze on your account. If the creditor has attempted to collect a discharged debt, frozen your accounts, etc., then you would have a legal claim against the creditor for its actions, and you could sue for damages.
Expert:  Roger replied 4 years ago.
Hi

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.

Thanks,

Kirk
Expert:  Roger replied 4 years ago.
Hi

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.

Thanks,

Kirk