Can a collection agency threaten to sue me? 21 Answers as of July 30, 2011

I filed bankruptcy (7) in 2009. An overdrawn business checking was included in the BK. A collection agency is threatening to sue based on having owned the account since 2008. Is this accurate?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Was the debt discharged? If so, they cannot collect on it and it's a violation of the FDCPA. Contact them and let them know you filed BK and it was included
Answer Applies to: Washington
Replied: 7/22/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Reopen your bankruptcy and move to have the collector found in contempt - I assume you notified it of the bankruptcy either when it was filed or since.
Answer Applies to: Michigan
Replied: 7/22/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
If it was discharged in the chapter 7, the collection agency is violating the law by threatening you. Speak to an attorney experienced in these matter who can advise the collection agency to drop the matter, or be sued in bankruptcy court for violation of the discharge.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
No, as long as you had it prior to filing bankruptcy and then discharged it in your bankruptcy they cannot try and sue you over it based on the facts as you have presented them. Send them a copy of your petition, Sch F showing them on it and a copy of your discharge and generally that will take care of it.
Answer Applies to: Michigan
Replied: 7/20/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If it was included in the bankruptcy, the debt was discharged and can no longer be collected.
Answer Applies to: California
Replied: 7/20/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    A debt collector trying to collect on a discharged debt after failure to verify nature of debt is likely violating Fair Debt Collection Practices Act.
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Your debt should have been discharged in your bankruptcy. Therefore, if the creditor knows about the bankruptcy and sue you they would be violating the discharge injunction and you could be awarded damages by the bankruptcy court. Send the creditor a certified letter (with return receipt requested) with a copy of your discharge and keep a copy. If you are sued you need to consult with your bankruptcy attorney about seeking sanctions from the bankruptcy court for violation of the discharge injunction.
    Answer Applies to: California
    Replied: 7/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Indicate to them that you filed bk and provide them with a copy of your discharge. They cannot collect on a discharged debt.
    Answer Applies to: California
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If the debt was properly scheduled, you may have a right to sue the bank and the collection agency and collect money from the collection agency for contacting you at all. See your attorney from the case. You may possibly make some money for a blatant violation of the law. (You won't make any on your own). Be sure the debt was properly scheduled before you complain.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Yes they can threaten to sue you. Were they included in the bankruptcy? If not you can reopen the case and put them in. If so then you need to have your lawyer do what he or she does to set them up to get sanctions for violating the discharge order.
    Answer Applies to: Texas
    Replied: 7/20/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A collection agency cannot try to collect a discharged debt. Provide a copy of your bankruptcy discharge to them.
    Answer Applies to: California
    Replied: 7/20/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I do not know if the credit info is correct, but if the debt was discharged they can not sue you. Ask them to send you proof you owe it. There are some scam outfits out there who work out of PO Boxes and just harass people.
    Answer Applies to: California
    Replied: 7/20/2011
    The Law Offices of Steven Grace
    The Law Offices of Steven Grace | Steven Grace
    If the collection agency was a valid assignee of the debt then yes they can sue to collect a debt that they now own. But, if your account was overdrawn at the time you filed bankruptcy and if your creditors received valid notice then your debt should be discharged. This is only if the debt was incurred prior to filing your bankruptcy.
    Answer Applies to: Illinois
    Replied: 7/20/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    The debt, if listed in your bankruptcy, is discharged.
    Answer Applies to: Mississippi
    Replied: 7/20/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    No, the debt was discharged and they are violating the discharge order. You should re-open your BK and seek sanctions.
    Answer Applies to: California
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Most of the penalties for unlawful collection practices are contained in the Fair Debt Collection Practices Act. SInce this law only applies to consumer debts, a collector trying to collect on a business account can use a lot more underhanded tactics.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes and they can sue you too if you owe them money.
    Answer Applies to: California
    Replied: 7/20/2011
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