Student loans and bankruptcy

Discussion in 'Credit Talk' started by smm10, Jan 7, 2015.

  1. smm10

    smm10 New Member

    I filed bankruptcy in May of 2008 and I am now receiving letters from a law office attempting to collect a debt for a debt that was included in my bankruptcy. I received two letters and neither of the accounts are showing on my credit report. The letter was sent to my parents house in December and my mother just gave me the letters today. I need to response by the 10th. Can you please offer me suggestions on what to do? Do I response? Do I not response? Why were the letters being sent now and not before? The debts are for private student loans but the amounts are wrong.

    Hopefully someone can help,
    SM
     
  2. jam237

    jam237 Well-Known Member

    Only you can decide how to respond, or whether to respond. (Why do the letters say that you need to respond by the 10th? Is there an ultimatum, i.e. if we don't hear from you by January 10th, we will do x, y, z? or is it based off of the validation notice "if you contact us within 30 days" and the letter was dated on or around December 10th?)

    We can tell you what we would do if we received the communications, if we were in the same situation, but in the end, you need to decide the answers that are right for you.

    First, I would send a letter to the attorney, via facsimile or Certified Mail Return Receipt Requested.

    The key thing to provide them notice of the fact that they are illegally attempting to collect a debt which was included in bankruptcy, in violation of the bankruptcy code. The lawyer, and their alleged clients are thereby violating a federal court order, and they are additionally violating the Fair Debt Collection Practices Act by taking actions that they are legally barred from taking, the collection of a debt which has been discharged; misrepresenting the amount, character and legal status of the debt; communicating with you directly instead of your legal council (the lawyer who did the bankruptcy process)...

    Again, this is what I would do if I was in this situation, I am as subtle as a cast iron skillet. :)
     

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