DH filed for BK13 in 2000, was dismissed in April of 2002. He has an account that was 30 past due in 2000 when he filed BK13 got a letter in mail yesterday from a collection agancy wanting to collect on the account. I live in Texas and last I checked the SOL was 4 years. Can someone please clarify this to me?
Two items: 1) Was this debt/account included in the bankruptcy? 2) Just beacause a debt is past SOL does not mean that a CA cannot attempt collection. They can even take you to court. It is up to the defendant to raise the defense of "Past SOL" solely. Even the judge will not raise this defense for you. So, DH should write them back stating that this debt was "Included In Bankruptcy", and is therefore nullified. State further collections activity will be viewed as violations of the Fair Debt Collections Practices Act (FDCPA).
Yes this one was IIB but the bankruptcy was Dismissed. Im wondering if they can do anything since it was dismissed and not discharged. Also on another note say you pay a charge off back in Jan. and it was paid to xyz co, well xyz was hired out by abc and you didnt know that nor were you informed that. Well xyz sent you a paid in full letter and was not on your credit file, because the OC was listed and they are the ones that referred you to the xyz company. Well you get an alert on your credit file showing that abc has put a new account showing paid? My question is simply that abc was never listed on my credit report nor was the xyz company. I was told about the xyz company for the origional creditor and now abc is putting something on my credit report as paid. Yeah the paid is okay but not the paid derogatory. Made score go down. Can they do this too?
