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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116728
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Good Morning! I declared Bankruptcy in 2011. I have been getting

Customer Question

Good Morning! I declared Bankruptcy in 2011. I have been getting calls from creditors/collection co's. asking me when i was going to pay a certain creditor,etc. I inform them I declared BR and that creditor was in my BR. They look and inform me that I was in good standing and ignore the attempt to collect the debt. yesterday, I received a call from Check Systems stating I owe a creditor/paydayloan from years back. I informed them I had declared BR and that loan was probably on my list. They wouldn't give me a name, only That doesn't tell me anything. They said I owed over $1500. Then went down to over $800 and finally I could pay one lump sum of a little over $500. I chose to pay $50 yesterday, with $250 coming out of my paycheck on 07-26 and $300 for the next two months. This sounds fishy to me. How can I be assured I am not being scammed? thank you!
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the Fair Debt Collection Practices Act, you are entitled to the information as to who the creditor is, the amount of the debt and proof the debt is even your debt and if a collector refuses to provide that information to you then you can sue them for up to $1000 per violation plus attorney's fees. Even if your debt was discharged in bankruptcy, once you agreed to pay and made a payment you have reaffirmed the debt and they can seek to hold you liable. Had you refused to pay and this debt was discharged in your bankruptcy, you could have sued the collector for damages for violating the bankruptcy order and pursuing a discharged debt.

At this point you need to send a letter to this collection agency telling them you are asserting your rights under the Fair Debt Collection Practices Act and you are demanding the provide you proof of the debt being your debt, identification of the creditor and proof they have legal right to collect the debt before you make any payments to them. If they refuse, then you can choose to sue them or simply continue to refuse to pay until they do provide the information. Also, if you find out this debt was discharged you can sue them for violation of your bankruptcy discharge.

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