Collection attempts for a debt included in a bankruptcy in 1988


(Austin, Texas )

We are getting bothered by phone and letters by a company trying to collect a debt that was included in a bankruptcy that was discharged in 1988. Please advise what recourse or plan we should take to solve this. Your response to this matter will be greatly appreciated. Thanking you in advance.

Comments for Collection attempts for a debt included in a bankruptcy in 1988

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Jan 06, 2010
debt discharged in bankruptcy
by: Gerri

At this point I shouldn't be surprised by any debt collection tactics. But the I get letters like yours and I find myself shaking my head in disbelief. This debt collector (probably a debt buyer who bought it for pennies) is trying to go after a 21 year old debt that was discharged in bankruptcy? Where do they dredge these things up??

So getting back to your question - have you told them that you discharged that debt in bankruptcy? If you did and they are still trying to collect then you can call a consumer law attorney immediately. He or she would probably be more than happy to take your case on a contingent fee basis. Sounds like a slam dunk to me.

If you haven't told the debt collector about the fact that you discharged the debt, then you can do one of two things:

1. Talk with an attorney. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

2. As we explain in Debt Collection Answers, you can write a "cease contact" letter to the collection agency. You don't have to use any specific wording. Just explain that you discharged the debt in bankruptcy in 1988 and tell them not to contact you again. They can't contact you again except to take legal action, which would be idiotic in this situation. If they do contact you again after getting your letter, you can contact a consumer law attorney for help.
Send the letter via certified mail and keep a copy for your records.

If you do the latter, please also file a complaint with the Federal Trade Commission at FTC.gov. The FTC has recommended changes in the Fair Debt Collection Practices Act to deal with debt buyers like these, and your complaint will help their efforts.

Please let us know if anything interesting comes up after this!

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