Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I had to declare bankruptcy back in 2009 (chapter 13) and…

Customer Question
I had to declare...

I had to declare bankruptcy back in 2009 (chapter 13) and not have any debt since then. I am now receiving calls from a collection agency which I have not answered, stating that since they have not heard from me this isuue will be going to court. Can they do that without notifying me by mail? It was probable a payday loan

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Yes back in 2009 and discharged, state is Utah

Lawyer's Assistant: Has anything been filed or reported?

Not that I have been informed of.

Submitted: 7 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
12/22/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,394
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Legal Question
Customer reply replied 7 months ago
Thank you
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am sorry to read about your difficulties.

Your Question:

I had to declare bankruptcy back in 2009 (chapter 13) and not have any debt since then. I am now receiving calls from a collection agency which I have not answered, stating that since they have not heard from me this isuue will be going to court. Can they do that without notifying me by mail? It was probable a payday loan'

Response: Unfortunately, yes they can. However, if this debt has already been discharged in bankruptcy, any lawsuit filed would be a willful violation of discharge Injunction and you would file Motion to Reopen your bankruptcy case to file Complaint against the Collection Agency for trying to collect a debt that has been discharged in bankruptcy.

You need to answer the call and let the caller know that debt has been discharged in bankruptcy. Also, give the caller the docket number--your bankruptcy case number. In addition, demand that they stop immediately from contacting you with regard to the debt. Otherwise, you would be forced to reopen your bankruptcy case to file Adversary Proceeding against them for violation of Discharge Injunction. See 11 U.S.C Section 350((b) and 524.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt"> <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

Ask Your Own Legal Question
Customer reply replied 7 months ago
Thank you for the information
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

You are quite Welcome!

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,394
22,394 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Can i file chapter 13 if i recently incurred debt? GA. No. I
Can i file chapter 13 if i recently incurred debt? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
I have a criminal question. I was wondering in regards to
I have a criminal question. I was wondering in regards XXXXX XXXXX fraud, does this apply to payday loans? Isn't it true that prior to filing civil suit or legal, that the lender should stipulate in w… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
I have 2 private student loans that are defaulted. One has
I have 2 private student loans that are defaulted. One has been sold to a collection agency. My credit is horrible (555 because of these loans) therefore I cannot get a personal/debt consolidation loa… read more
NYLAWLADY
NYLAWLADY
attorney solo practice nyc
Doctoral Degree
685 satisfied customers
I have a business that closed do to the economy. I have settled
I have a business that closed do to the economy. I have settled on a few debts and have payment plans on 2 others but have one outstanding bank credit line of 15,000 that I cannot pay. I have offered … read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
A friend of mine had declared chpt. 13. He asked me to loan
A friend of mine had declared chpt. 13. He asked me to loan him money for school. I loaned him the money but had him sign a On Demand Promissary note and put me as a lein holder on his car as collater… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I filed for bankruptcy in 2009. It was discharged in Nov 2009.
I filed for bankruptcy in 2009. It was discharged in Nov 2009. On my bankruptcy I had a payday loan. They agency is stating that they are going to file felony fraud charges against me. They are callin… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
I have a 2nd mortgage on my home. My 1st is underwater. The 2nd balance is $15,826. I
I have a 2nd mortgage on my home. My 1st is underwater. The 2nd balance is $15,826. I lost $3,200. per month in take home pay over the past 2 years. I'm financially bankrupt. I offered to compromise t… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
I co-signed a school loan for my daughter that she has not
I co-signed a school loan for my daughter that she has not made a payment on. Mail has been coming to her with regard to the loan and, without opening any mail with regard to the school loan, I would … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My husband and I have converted our Chapter 13 Bankruptcy to
My husband and I have converted our Chapter 13 Bankruptcy to a 7 due to my husband's unemployment since July of 2009. We filed 2/22/10 and went to court on 3/25/10. I have some other unsecured debts I… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I defaulted on a loan because I was not able to pay. I wanted
I defaulted on a loan because I was not able to pay. I wanted to work out a settlement, but they refused to settle and sued me instead. Now I have a judgement against me. I need legal help.… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
I declared Chapter 13 Bankruptcy in August, 2002. I paid it
I declared Chapter 13 Bankruptcy in August, 2002. I paid it out at 100 cents on the dollar to every creditor who filed a claim, and the bankruptcy was dismissed around June, 2005. A couple of creditor… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
HI. I have a question about payday loans. I got overextended
HI. I have a question about payday loans. I got overextended with a couple of them and am trying to work out payment arrangements but a couple of companies are demanding it be paid over a shorter time… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
my payroll attached...absent two months when my husband died...when
my payroll attached...absent two months when my husband died...when I came back the amount attached had more than doubled. Presently in a 90 day period taking 25% of approx. $1000.00 per month I am no… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I filed a chapter 7 bankrpty in 2006 discharged in 2007. previous
I filed a chapter 7 bankrpty in 2006 discharged in 2007. previous to that, i utlized a fringe benifit from work, that paid for 3 classes. Because I was traveling for work, i failed the classes. My com… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
I am so frustrated with trying to get Countrywide Home Loans
I am so frustrated with trying to get Countrywide Home Loans to modify my loan and help with the Hope for Homeowners Program and work with my second lien holder that I am considering Bankruptcy. I hav… read more
Terry L.
Terry L.
Partner
Doctoral Degree
2,952 satisfied customers
I have payday loans for several years that I need to find some
I have payday loans for several years that I need to find some way to get out from under. The fees are so much I can not pay any other bills. Is there a legal way to set up payment plans other than us… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
we have a debt collector/processor telling us that a debt ...
we have a debt collector/processor telling us that a debt contained in a chapter 7 over three years ago is exempt (a payday loan) and that my husband can be arrested tomorrow for theft by deception, c… read more
Winston Mortain
Winston Mortain
Doctoral Degree
342 satisfied customers
I live in Minnesota. I borrowed money from a title ...
I live in Minnesota. I borrowed money from a title loan company in another state(Wisconsin). I am now considering filing bankruptcy, as i am now on disability and cannot keep up with creditors. Can th… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 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