I received a collection letter from an agency that was not included in my BK but that OC was along with two other agencies they had sold the account to. This agency said they have had my file for over a year and since they found out we were applying for credit decided to send us a letter for the money. They said if I want to clear this up I need to send them my BK papers. Do I need to do this? Or is this debt already discharged, I'm confused how th is works. Was the debt discharged or because it was sold to someone I didn't list, did it sneak out of my BK? I'm confused... Thanks! Missi
I presume you are referring to Chapter 7 Bankruptcy? If so, the moment the bankruptcy was discharged, the debt is wiped clean forever. A company cannot sell their debt to another company and avoid the bankruptcy. If you had a bankruptcy lawyer, you could simply refer the agency to the law office. They can confirm the bankruputcy filing and advise them to cease collection efforts. You might want your lawyer to draft a letter with a strong warning they will take action if they pursue this or place any sort of derog on your CRs. However, if they are like most law firms, they will tell you that your case was closed and if you want to pay them more money, they would be happy to help you out. Or, immediately write the agency yourself via certified mail, return receipt requested, with your bankruptcy information. Give the case number, which district court it was filed in, as well as date of filing and discharge. You can include a copy of your list of creditors and the discharge papers if you like, but that is not necessary. Once you place them on notice, they can confirm the information with the OC or the Bankruputcy Court. I would not waste any time because if they haven't placed a derog on your credit report yet, they will be shortly. You may have cause of action against the CA and/or OC depending on how the account was handled. But let's deal with getting the monkey off your back first. *** I'm not a lawyer and this is not legal advice. I suggest you consult an attorney before taking any action.
