Hello all I hope this hasn't been covered too many times I read through about 200 posts before asking as I don't want to waste anyones time or webspace. 3 years ago my wife gave birth and we ended up owing a lot of money due to lack of health insurance (stupid I know) We recieved a collection account letter about 5-6 months later and because we were broke we basically ignored it. Today (3 years later) a collection company calls my wifes mother who of course calls us. I called the collection agency and told them I did not acknowledge the debt as being mine and to never call or contact us or anyone else regarding this debt. He told me that he was going to try and track down any assets we have and would send a US marshall to our house to serve us court documents. I told him to pound sound, got his address and told him I would send him a cease and desist letter so he could have my request in writing. I am not worried about my credit because I had a BK this year so its not going to get any worse. I have no assets that he could sue me for. Should I write the letter and tell them to cease and desist? Can they sue me and somehow garnish my wages? Thanks!
did you file a 7 or 13, either way, did you include this debt in you bk.... if not why?? if the debt was included in the bk, then they cannot be trying to collect from you.... i am not the bk expert, so other voices should chime in!!
It was a chapter 7 and I didn't include it because I'm stupid and lazy but also because they hadn't tried to contact us for a long time so I just didn't even think about it till today
Many people here and in other sites advocate not talking to CA's at all. The standard procedure is to send them a validation letter and or C/D. If they legitimately own the debt, the CA or the OC can sue you and obtain a wage garnishment order. This is if it was not included in your BK. I also am not a BK expert. I had something like this happen to me but with a credit card. The CA went after me, they got a judgment I never knew about and tried to garnish my wages. My only luck was that I had no job at the time and after that the judgment went dormant. Now I want to pay to vacate and can't find anybody to take my money BTW I never even knew if they had proper validating documents for my debt. Sometimes they just take a printout to court and they get a judgment awarded. If you're not there they can just railroad you. Good luck
I think it would be covered anyway under your bankruptcy. Will try to find sight where it explains it but it is something like this...the debt would have been discharged anyway if it had been listed...so..the only thing CA or CO could do is try to reopen your case,but...it would go against them anyway and I think they could be penalized. Will find the info and post later but relax,and make sure to send cease and desist.I might even inform them that you had filed bk.
"One other option, instead of the costly and burdensome reopening the case choice, would be to write your creditor a letter. The Ninth Circuit Court of Appeals, for example, has stated that there is simply no need to reopen a case if the debt would have been discharged if it had been listed in the original filing. In the Ninth Circuit, the debt is treated as if it were discharged. In your letter, explain this to your creditor. In all likelihood, he will never know if you are in the Third District or the Eighth District or the Ninth District. And anyway, bluffing is not illegal." hi, well not sure what district you are in but you may want to check and see if they hold same opinion. This was taken from www.uslaw.com
