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Creditors Pulling My Credit Report After Discharge (Legal?)

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    Creditors Pulling My Credit Report After Discharge (Legal?)

    I hope this is in the right section, if not I apologize.

    I decleared bankruptcy in 2009, and have been discharged.

    Last night I checked my credit report and noticed 5/3 bank in 2010 pulled my credit report in January, February, March, April, and in June.
    Permissable Purpose:Collection

    5/3 was the one who sued me, and it wasn't even the biggest debt I owed, but was discharged in Bankruptcy.

    Is this legal? Is there anyway I can make sure they don't try to harass me, or do anything else?

    Thanks

    #2
    Originally posted by nick09 View Post
    I hope this is in the right section, if not I apologize.

    I decleared bankruptcy in 2009, and have been discharged.

    Last night I checked my credit report and noticed 5/3 bank in 2010 pulled my credit report in January, February, March, April, and in June.
    Permissable Purpose:Collection

    5/3 was the one who sued me, and it wasn't even the biggest debt I owed, but was discharged in Bankruptcy.

    Is this legal? Is there anyway I can make sure they don't try to harass me, or do anything else?

    Thanks
    you don't mention if you rec'd any letters or collection attempts from 5/3?

    however, every time they do an inquiry it downs your credit score a tad or two, also the fact that the inquiries are being listed as "permissable purpose of collections!. i would immediate put a stop to it by writing 5/3 a certified letter with a copy of your discharge and close from the bk count, letting them know you will be going after them for vioation of the discharge order. especially since their purpose is now in black and white for all to see. they know they are not allowed to go after a discharged debt!

    best of luck to you, i'm certain once they get your letter they will stop!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      no letters or phonecalls. Just them pulling my credit report for collection purposes.

      May I Call them and ask why they pulled it? Should my bankruptcy lawyer handle it?
      Can I Sue them?
      Last edited by nick09; 01-03-2012, 06:35 AM. Reason: adding more to it

      Comment


        #4
        Originally posted by nick09 View Post
        no letters or phonecalls. Just them pulling my credit report for collection purposes.

        May I Call them and ask why they pulled it? Should my bankruptcy lawyer handle it?
        Can I Sue them?
        a good start would be to call the atty who handled your bk, as this is "easy" money for the firm if 5/3 is in fact in violation of the order. if the atty cannot or will not help you, i would try a call, but remember putting it writing is a better way to notify them of the situation and by sending certified mail you have proof of that notification. so, even if you do make the call, back it up in writing for future proof of notification...like: as per my recent telephone conversation (date, time and name of person), with so and so from 5/3, whereas your bank has been put on notice that as per my bk case, docket number so and so, being discharged and closed on such and such a date, you are hereby notified that any further collection actions are to immediately cease, and so on and so forth.

        if you pull out your discharge order it will explain who is allowed to collect and it will explain to you who is in violation. if they are in violation, i do think you should talk to your atty about the possiblitity of a suit against them. although, your situation is a bit sticky, as you have rec'd no actual collections notices at this point.
        Last edited by tobee43; 01-03-2012, 07:37 AM.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment


          #5
          Anything is legal until challenged. If you want to go to the mat with these clowns, you have a thin case at this point. However, many clowns cannot force themselves to read this week's Cease & Desist memos, so if they want to wade on in to the deep part of the pool, I wouldn't do much to stop them. As Tobee says, a simple certified letter will either stop this or will be a pivotal point in your eventual lawsuit.

          Comment

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