What to do if someone tries to collect a discharged debt?
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What to do if someone tries to collect a discharged debt?
After being discharged from a Chapter 13 about 2 years ago, we are having a problem with one of the accounts. The account was a mortgage on a rental property. It was discharged in the banckruptcy. However the company sold it to another company that reported it on our credit report as discharged. Then, 4 months ago, the company sold it a 3rd company that has been attempting to collect the debt and is now reporting it to the credit agencies as deliquent and past due. Can they attack our credit like this and is this legal after we already re-established our credit?
Asked on March 8, 2012 under Bankruptcy Law, New York
Answers:
Malcolm Ruthven / Malcolm Ruthven, Bankruptcy Attorney
Answered 12 years ago | Contributor
They shouldn't be doing this. Contact a consumer-rights attorney and see if you can get something from them for their bad actions.
david slater / david p.slater, esq.
Answered 12 years ago | Contributor
Send them the order of discharge by certified mail and request they remove the debt from your credit report.
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