Claimed bankruptcy in 2005. Just received a letter from a law firm that specializes in collections stating I owe $13,000+ from a credit company that I never heard of. I think the company they say they represent is another collections company. Didn't call them yet because I was called at work about this from home because it came in the mail today. Another odd thing is before I declared bk, there was a judgment entered without any service of a subpoena and they were going to garnish my check, but then I spoke to them about declaring the debt on my bankruptcy and they let it go. It was on my credit report as of last summer. But I was getting my monthly # from wamu and seen a few months ago that my derogatory items went from 2 to 1. But the letter said nothing about collecting from a judgment. When I had the credit cards I lived in ny but later moved to nj. Any help would be gratefully appreciated.
Generally, all debts incurred prior to a bk filing (is this a 7?) are deemed discharged. I would send a validation letter to the CA and tell them your debs were discharged in a BK in 2005 - they will probably crawl back in their hole.
And while you are at it remind them that attempting to collect a debt that has been discharged in bankruptcy is an action arising to the level of contempt of court and you won't mind filing a complaint against them with the U.S. bankruptcy court at all. It would also be a violation of FDCPA for threatening to take an action that they cannot legally take if they continue to try to collect after having been informed that the debt was discharged in BK. You would not have a cause of action under FDCPA until you had informed them of the BK and they continue to try to collect anyway. The threat of getting hit with contempt of federal court ought to get the job done.
