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    #1

    Law suit??

    After me and my wife filed bankruptcy and now discharged we would like to know what to do:
    OK,the story;We filed and payed the retainer fee and I got the receipt of retainer and the papers stated he was our lawyer.If anyone called us about a bill we told to talk to our Lawyer and we filed CH7.BUT one loan company kept calling.One nite I answer the phone,he want to know went was we going to make a payment on the loan and I told him he had to talk to our lawyer.He stated we had no lawyer and he talk to our lawyer and said we did not pay the retainer and not signed any papers when we did.I had a copy of them and the receipt of payment in FULL.Well I know he lied and also threaten to bring the cop over to the house that next day before 12pm.I went to my lawyer office and told him what happen.He called them and told them that they do not call our house and they must talk to him only!!My lawyer ask me did I wrote down all the times they called I said yes.The loan company try to call 3 more times and we did write down the times.Our lawyer said they broke many Fair collection act laws.My questions

    1. How long do I have to file a lawsuit in SouthCarolina??
    2. Should I go ahead with the lawsuit??
    3. What will happen after the lawsuit is filed??
    4. After you file with a lawyer you are protected under the Bankruptcy laws with threats like this guy did.Right????
    Thanks BWW
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    #2
    Originally posted by BWW
    After me and my wife filed bankruptcy and now discharged we would like to know what to do:
    OK,the story;We filed and payed the retainer fee and I got the receipt of retainer and the papers stated he was our lawyer.If anyone called us about a bill we told to talk to our Lawyer and we filed CH7.BUT one loan company kept calling.One nite I answer the phone,he want to know went was we going to make a payment on the loan and I told him he had to talk to our lawyer.He stated we had no lawyer and he talk to our lawyer and said we did not pay the retainer and not signed any papers when we did.I had a copy of them and the receipt of payment in FULL.Well I know he lied and also threaten to bring the cop over to the house that next day before 12pm.I went to my lawyer office and told him what happen.He called them and told them that they do not call our house and they must talk to him only!!My lawyer ask me did I wrote down all the times they called I said yes.The loan company try to call 3 more times and we did write down the times.Our lawyer said they broke many Fair collection act laws.My questions

    1. How long do I have to file a lawsuit in SouthCarolina??
    2. Should I go ahead with the lawsuit??
    3. What will happen after the lawsuit is filed??
    4. After you file with a lawyer you are protected under the Bankruptcy laws with threats like this guy did.Right????
    Thanks BWW
    You can sue the creditor whenever you want. Whether or not you file the lawsuit is a personal decision you're gonna have to answer. What happens after the lawsuit can vary, it depends on what is on your claim.

    Unscrupulous collections practices are against the law even if you don't file for bankruptcy.

    Good Luck!
    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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