Can a creditor still call me at work after my bankruptcy is discharged? 28 Answers as of May 30, 2013

My bankruptcy has been discharged for 2 years now and one of the debt collectors said that I had filed bankruptcy and called me at work. Can I sue them over this?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Give them notice of the BK. If this continues, it may be actionable.
Answer Applies to: Washington
Replied: 3/26/2012
Braunstein Law, PC
Braunstein Law, PC | Jacob Braunstein
If the creditor was listed properly in the bankruptcy and your debt to that creditor was discharged, the creditor should not be contacting you regarding that debt post-discharge.
Answer Applies to: Oregon
Replied: 3/12/2012
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Creditors are subject to the requirements of 11 USC 524 (on bankruptcy discharge). Contact your attorney to pursue a possible claim against a creditor for violation of a federal court order.
Answer Applies to: California
Replied: 3/12/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, but the action has to be in the bankruptcy court. This is called "voodoo debt." The original creditor sold the debt to debt collection. This can go on for years. Log all calls and keep the letters (if any).
Answer Applies to: California
Replied: 3/12/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You should give them the bankruptcy case number. If they were originally under the bankruptcy, you can take them back to the bankruptcy court and ask the court to sanction them.
Answer Applies to: Virginia
Replied: 3/12/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    Yes, you can sue.
    Answer Applies to: Florida
    Replied: 3/12/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    You could. But you should just call your bankruptcy attorney and have him contact the creditor regarding the bankruptcy.
    Answer Applies to: Alabama
    Replied: 3/12/2012
    Debt Relief Law Center | Roger J. Bus
    Yes. This is a violation creditors listed and discharged in your bankruptcy cannot call you during or after your bankruptcy is completed. If they continue talking to you after you inform them of your bankruptcy, ask calmly for their name, phone number, address so "I will know who to name as a defendant in my harassment law suit", etc.- the collector will hang up immediately.
    Answer Applies to: Michigan
    Replied: 3/12/2012
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Attempts to collect a debt discharged in bankruptcy from a creditor who was informed of the bankruptcy violate the court's discharge injunction, and they can be brought back into court to answer to a judge. There is a recent pattern of a creditor waiting 2 years after discharge and then trying again to collect, hoping the debtor does not know his rights. The time period you stated seems right for this scam. It may not be that creditor either, but possibly someone impersonating them. Debt relief agent and attorney.
    Answer Applies to: New Jersey
    Replied: 3/12/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You can initiate contempt proceedings against them in the Bankruptcy Court, which could result in monetary sanctions that they would have to pay. You might want to contact a bankruptcy attorney to see how good of a case you have here, and whether its worth pursuing.
    Answer Applies to: California
    Replied: 3/12/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    Most likely, you would have to reopen your bankruptcy case and file a contempt action against them. If you had an attorney, refer them to your attorney.
    Answer Applies to: Georgia
    Replied: 3/12/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the creditor had notice of the bankruptcy filing, it cannot call to collect on the debt. If it is a secured creditor, it can call for return of the collateral but for money.
    Answer Applies to: California
    Replied: 3/9/2012
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    If you included the creditor in your bankruptcy and they received notice of the bankruptcy, then by contacting you, whether at work or anywhere, they are violating the Order of Discharge as well as the Federal Debt Collection Practices Act. If you want them to just go away, tell them you filed for bankruptcy and received a discharge, that the account was included in the bankruptcy and that you will contact an attorney if they contact you again. On the other hand, what I recommend, is that you contact a consumer or bankruptcy attorney and explain what is going on. In these types of cases, the law allows for an attorney to recoup their expenses and fees from the violator so you may not have to pay them up front. It may also net you a few dollars in your pocket. Good luck!
    Answer Applies to: Texas
    Replied: 3/9/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If it is a collection agency and not the original creditor, it is a violation of the Fair Debt Collection Practices Act and the order of discharge on your bankruptcy.
    Answer Applies to: California
    Replied: 3/9/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A discharge is a permanent injunction against collection actions. If you are contacted by a creditor you should send a copy of your discharge to them. If they persist in calling you may want to file a small claims action against them.
    Answer Applies to: California
    Replied: 3/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, this is a federal lawsuit for a discharge violation. You should see an attorney as the creditor would have to pay your legal fees as well as damages to you. You should document their phone calls to you or your work.
    Answer Applies to: New York
    Replied: 3/9/2012
    Law offices of John P. Brooke | John Brooke
    If you were discharged of this debt and they are calling you in regards to the same debt you very well may have a cause of action against them. I would definitely speak with a local attorney who deals with bankruptcy and Fair Debt Collection Practices Act (FDCPA).
    Answer Applies to: New York
    Replied: 3/9/2012
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    Probably not if it was a legitimate mistake. If it is a discharged debt and the collector knows - and still is trying to collect - you should contact an attorney like us who specializes in debtor defense.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Danville Law Group | Scott Jordan
    No. If the creditor continues to harass you after your discharge, you have grounds to sue that creditor under federal and state fair debt collection practices acts. If you were represented in the bankruptcy, call your attorney regarding these violations.
    Answer Applies to: California
    Replied: 3/9/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes that is presumptively a violation of the federal Fair Debt Collection Practices Act.
    Answer Applies to: Indiana
    Replied: 3/9/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    It is illegal to attempt to collect a debt that has been discharged in bankruptcy. Yes you have remedies available to you. You should consult a bankruptcy attorney.
    Answer Applies to: Maryland
    Replied: 3/9/2012
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes, it sounds like you would have a cause of action if the debt was incurred pre bk filing.
    Answer Applies to: Washington
    Replied: 3/9/2012
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