What to do if I my Chapter 7 was discharged 3 1/2 years ago but just received a letter from an attorney saying that I am being sued for 4,867.05?

UPDATED: Jan 19, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 19, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I my Chapter 7 was discharged 3 1/2 years ago but just received a letter from an attorney saying that I am being sued for 4,867.05?

It is regarding a broken lease at an apartment that I lived in 4 years ago in another state. I did not include this into my bankruptcy petition because I had spoken with the apartment manager before I left and was under the impression that I did not owe any more than I had already paid. The interest portion of the suit is $2,845. Seems as if they waited 4 years just to rack up the interest charges. How do I handle this? Am I liable since the debt was incurred before my bankruptcy? Will they be able to ruin my credit and/or attach my paycheck?

Asked on January 19, 2014 under Bankruptcy Law, Nevada


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If you did not include this debt in your bankruptcy, then it was not discharged, and you may still owe it.  However, the apartment manager's assurances that you did not owe anything may be used in your defense of the debt.  If they get a judgment against you, and you still do not pay, they will be able to garnish your wages.  Prior to this going to trial, there should be a pretrial conference offering an opportunity to settle the debt.  Settlement for a lesser amount is probably your best option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption