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Thank you for your question.
Did you file Chapter 7 and where there any assets that were distributed to the creditors?
I look forward to hearing back from you.
It was a chapter 7 and nothing was distributed to the creditors. We got to keep the house but sold it last year. After more dr. bills after the bankruptcy we have about 1,500 left. want to try to buy a house again someday.
Thanks for your reply.
Generally, the law in these situations (except for in New England under the U.S. First Circuit Court of Appeals law) states that your debt to this creditor was discharged under the bankruptcy.
You need to send a letter to the attorney representing the company that sued you and provide them with a copy of the bankruptcy order (get a certified copy) and tell them that they should dismiss the suit. If they don't do it voluntarily, you need to simply show up to the hearing when you are given notice of it by the court and give the judge the bankruptcy order and tell the judge that the order bars the Plaintiff from suing you on this debt.
You don't want to ask the court to dismiss because it is not within the small claims limit, as all this will do is push the case up to regular county court in Florida. Also, the amount over was likely pleaded as interest, which is allowed in small claims court.
Please let me know if you have any other questions. Please also remember to rate my answer positively as I am not compensated for my work on your question until you do.
No interest has been charged. Does this make a difference?
Getting the case thrown out of small claims court is not a good idea. It doesn't make the case go away, it only makes it go to a court where you will need a lawyer to represent you. Your protection lies in showing the court that the claim can't be made in the first place becuase it is barred by the bankruptcy order.
Thanks for your answers.
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