I filed bankruptcy in 1992 before my divorce. One of the debts that was included in that was my student loan. Now, 14 years later, I am being contacted by some collection company telling me that I need to pay them off or they are going to take further steps to collect (garnishments, tax refund intercept, etc.). The first time I spoke to them they said I had to send proof of my bankruptcy. Eventually, it changed to "This is Post Petition Interest" and I have to pay. Anyone know what I should do? Do I need to pay this company? HELP!!!!!
"This is Post Petition Interest" They sure have an answer to everything. For a debt they didn't even know was in bankruptcy, they are now trying to convince you that you owe them amounts despite the bankruptcy. "I am being contacted by some collection company telling me that I need to pay them off or they are going to take further steps to collect (garnishments, tax refund intercept, etc.). " And did they also tell you that they couldn't do any of those things without first winning a judgement in court, or did they imply they could just do it? What have they put in writing? How much do they claim is due? Have they sent you an initial letter notifying you of your right to dispute and request validation? Have you done so in writing, and have they sent you anything? Did you send them proof that this was included in your bankruptcy? Was this a government guaranteed loan, or not? In particular, are they violating FDCPA by use of deception, and misrepresenting the legal status of the debt? Have you contacted an attorney who deals with bankruptcy, FDCPA and collection law?
What have they put in writing? They have not put much in writing. I have thrown away the 2 letters that they sent me because initially I was told they couldn't come back on me after so long a time. My mother also saw a story on this on the news and told me there was a scam going on about this and the Attorney General had issued a warning on just such a scam. However, I since learned that there IS such a thing as post petition interest, but I still can't tell from everything that I have read about it whether or not it pertains to me. These people called persistently for several weeks, even calling my Broker to verify employment ( which I am considered self-employed). Then, even after I got nasty with them and told them they should only contact me in writing and not to call me any more, they still called and called. Just last week, they tried me on my cell and when they didn't get me, they again called my work number. How did they get these numbers and can they do that? As far as sending them proof of my bankruptcy, I told them, I don't have those papers any more as it has been 14 yrs. ago. They can't even tell me who the original creditor was and what the original balance was.
You can't NOW, but you could then. It's complicated, though, because apparently some stuff previously discharged is now not discharged. mybad, get your paperwork from the BK court. Some of it may even be online. The court has it even if you don't.
"Then, even after I got nasty with them and told them they should only contact me in writing and not to call me any more, they still called and called. Just last week, they tried me on my cell and when they didn't get me, they again called my work number." Notify them in writing, CRRR, not to call. Sue if they continue. "They can't even tell me who the original creditor was and what the original balance was." If they can't tell you that, how are they going to prove there even was a debt? Have you notified them that you dispute the debt and request validation? How can they respond to your request for validation if they don't know who the original creditor was? Have they sent anything? At this point, they could just be looking thru bankruptcy records (which, after all, are public), and contacting people who went thru bankruptcy years ago to demand payments by threatening garnishment and tax refund interception.
Newest development My husband and I filed taxes late this year(with an extension) I just received a letter that this company intercepted my refund (not much coming back anyway, but...) So I tracked down my bankruptcy papers through the National archives and records administration, and it show that my student loan is "Nondischargeable". I guess I have to pay these people back after all. It sucks though that the original amount was only $1100 and now they say I owe $2500. It also sucks that it took them 14 years to finally let me know about this. Had they contacted me years ago, I'm sure this amount would not have been so high! Thanks for the advice and words of wisdom from you guys though. Let others know that student loans are not dischargeable and can and will show up to haunt you!!!!
