Am I legally bound to pay a debtor whose debt was discharged 17 years ago?

UPDATED: Jan 23, 2014

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Am I legally bound to pay a debtor whose debt was discharged 17 years ago?

I received a statement from them yesterday for the full amount that was included in the proceedings. Is it legal for the debtor to ask for the amount? Do I ignore this request?

Asked on January 23, 2014 under Bankruptcy Law, New York


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

You don't specify what type of debt was sought to be collected.  If it ws a secured debt, the creditor may still have rights against the collateral. Were you represented by an attorney at the time you filed.  If so, consult with the attorney to ascretain your remedies.  To answer the question" Is it legal?", well it's not illegal but by attempting to collect a dischaged debt, the creditor may be subject to sanctions.

Finally, it is a frequent practice for credits sell bad debt to collection firms.  If the party seeking repayment is different from the original creditor, merely sent them a copy of your discharge and the schedule listing the debt and thier efforts should cease.


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