I checked my credit report today and saw that on 7-30-02 a law firm had accessed my file. I had a charge of from Fleet CC that I included in my BK. Fleet I believed sold it to Sherman Acquisitions. Sherman was making contact with me about a year ago under the company name Alegis Group. I included this Alegis Group in mt BK as well. If this debt was discharged under Fleet and Alegis, Sherman should have no business attempting to collect, an I correct or not? Thanks for any help. I'm just worried that I'm going to get sued here soon but then wonder why if that debt has been discharged.
Absolutely correct. If this debt was discharged in chapter 7 and the correct oc and ca were listed, then they are sol. (not statute of limitations lol). This Sherman Acquisition apparently buys discharged debts. Do a search here for them as they have come up before. In fact, I sent them an email once asking how they can collect on bk discharged debts and they said they can't.
What if you hadn't been aware there was a ca associated with the debt? And even if you knew, why do you have to list the ca as well as the oc? Why not just the oc? The oc is the company the debtor had the relationship/agreement with -- not the myriad ca's that fade in and out of the picture.
Kozman, Do a quick search on Sherman, they are pure slime, specializing in the purchase of BK debt "distressed" they call it. You're correct, Sherman has no business attempting to collect discharged debt, it's illegal -- however ballsy it seems to me, they do it anyway. Either counting on the fact that you won't know the difference or waiting in prey for you to apply for a loan that requires you to pay negative tradelines showing a balance on your reports as a condition of financing. I'm betting you won't get sued by Sherman, the only reason they haven't been sued, just by the credit-netters having had to deal with them, is that they know they're operations are shady, slimey and illegal and once you dispute or request validation that tradeline will be deleted. Sassy
Those guys bought 3 of my accounts AFTER I filed for chapter 7. But before the 341 hearing. They moved fast. They contacted me ONCE. I gave them the case number and my lawyers number. Never heard from them again. My case was closed a few months ago. My question is: What are they gonna do with discharged debt? Should I need to worry about therm? I was under the impression that the debt is worthless. I have no intentions of EVER paying them. Not after the hell and anguish myself and my family went through filing chapter 7.
srhng, The automatic stay in bk is effective on the date you filed so any debts you had that preceded that date (and sometimes even the hour the bk is filed) is automatically stayed from any future collection activities. There have even been cases in a 7 where a debtor forgets or misses a creditor and the bk courts have decided in the debtor's favor...so in your case the debt was properly scheduled with both the ca and oc...so it is in fact worthless to the slimeballs that have it now. If they continue to bother you just tell 'em "I'll see you in court and my cross complaint will include court costs, travel fees, atty fees and punitive damages for the stress and emotional distress you are causing me and my family for this illegal pursuit of ill gotten discharged debt". If they continue to harass you after that go find an atty that would take the case on a contingency basis as it would certainly be a money maker for both you and the atty. Hope this helps, clc