Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

i had a discover credit card debt of appr. 10,000 dollars.

Customer Question
lost my job spoke with...
i had a discover credit card debt of appr. 10,000 dollars. lost my job spoke with discover about my situation, divorced paying child support barely staying out of jail because of child support. they said they would write it off. this was in 2000 or 2001. i had not heard another word from them until a couple weeks ago i received a letter from a law office stating they were representing discover. they called me last week said they trying to collect a debt for discover for 11,000 and some thing. my exact words to them were the only debt i had with discover was from 2000 or 2001 and was past statute of limitations in missouri and hung up. they are trying to contact me several times a day. what can they legally do and what should i do.
Submitted: 8 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 7 minutes by:
7/8/2009
Bankruptcy Lawyer: WALLSTREETESQ, Attorney replied 8 years ago
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
These are aggressive debt collectors who buy old debt accounts and actively pursue consumers to collect the debt, even though the statute of limitations has past.

This is a violation of the Fair Debt Collections Practices Act. Some creditors even lie and say that the statute of limitations starts from the day that they purchased the debt account. If it is a law firm, get their address and tell them you will report their firm to the bar.

1. Do not send in a payment

Doing so, will make your delinquency look recent. It will also give the debt collectors the idea that you are an easy target and they may attack you on other fronts.

Keep an eye on your credit report to make sure that they are not reporting negative information about you. Your old debt account should not be reflected on your credit report since the statute of limitations is past.

If you find that they are reporting the information, take corrective action immediately and fix any errors.

Also contact a consumer lawyer they will sue for large damages.


The Fair Debt Collection Practices Act indicates that there are certain things that creditors cannot do in their attempt to collect debt.

www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS

WALLSTREETESQ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
If a wife wants to file banckruptcy singlary, without her
if a wife wants to file banckruptcy singlary, without her husband what wlll happen to the joint house? and any joint credit cards/ or his personal credit cards? thanks… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Can credit card debt be listed on schedule j under other
can credit card debt be listed on schedule j under other question 21 … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I did a Ch 7 Bankrupcy in Illinois state and got discharged.
Hello,i did a Ch 7 Bankrupcy in Illinois state and got discharged. I see on my discharge it says "this order does not close or dismiss the case,and it dies not detemine how much money,if ant,the trust… read more
socrateaser
socrateaser
1,031 satisfied customers
What are the options for someone who is not behind on their
What are the options for someone who is not behind on their mortgage, has an avg credit score but income is minimal and they have around $50,000 in credit card debt?… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
About 15 years ago I had a credit card debt of $10,000. My
About 15 years ago I had a credit card debt of $10,000. My friend had a Discover Card and offered to transfer my debt onto her card because at the time it had no interest charge offer at the time. I w… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
I lived in Pennsylvania & have an account with a credit
I lived in Pennsylvania & have an account with a credit union. I have one payment left on a PLC and was notified by said credit union that I owe an overdraft fee from 2006. I was employed & had direct… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Utah there is a statute of limitation with respect to
In Utah there is a statute of limitation with respect to collecting on a note. If the creditor has made contact with the debtor during the period does that protect the creditor from having the statute… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was contacted by credit corp that I owe 8,000. I have
I was contacted by credit corp that I owe 8,000. I have started paying but the interest is piling up. What can I do??… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I have substantial credit card debt, and i am currently
I have substantial credit card debt, and i am currently unable to make the monthly payments.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
My husband has received a letter from SMS Financial, which
My husband has received a letter from SMS Financial, which is the assignee of the above referenced loan. To Kapco Communications (a defunct business) that was personally guaranteed by my Husband in 20… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have over $100K of credit card debt and my revenues do not
I have over $100K of credit card debt and my revenues do not allow me to pay my debts. If I file for personal Bankruptcy, will I be able to keep my LLC and a business bank account? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a question about the statute of limitations under
I have a question about the statute of limitations under UFTA or its successor statute. If I understand it correctly, a person who is deemed to have transferred something of value may be adjudicated o… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Currently I have 2 credit card debts with a total amount of
Currently I have 2 credit card debts with a total amount of $15,000. I also have many other unpaid bills that I can't afford to pay. I'm making less than $45,000/year and going through a divorce (I ho… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
My wife accumulated a lot of credit card debt and now she
My wife accumulated a lot of credit card debt and now she wants to file chapter 7. How will this relate to me and my assets, inclufing my home which I bought ling before we were married and is only in… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I am a homeowner with close to $35,000 in credit card debt.
Good morning, I am a homeowner with close to $35,000 in credit card debt. I find myself in a deficit of about $250/mo paying mortgage, household expenses, and credit card payments. Would I be eligible… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
Credit Card debt. I'm in California my wife lives in France.
Credit Card debt. I'm in California my wife lives in France. IM filing for BK chapter 7. Separate from my wife. I stopped paying on a credit card in 2005. We got married in 2006. Cach LLC picked up th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,317 satisfied customers
In Utah, is there a difference in the statute of limitations
In Utah, is there a difference in the statute of limitations on a "fraudulent transfer" in a bankruptcy compared to a judgement execution?… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I just got served a lawsuit for a credit card debt. It was
I just got served a lawsuit for a credit card debt. It was my ex wifes card but my name was on it. In our divorce papers it says it's her responsibility. That was in 2010. She had already stopped maki… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x