Creditors contacting after discharge

[chrissy]

We have one creditor who was discharged in our bankruptcy case that has recently started sending us letters and calling us again. This is for medical debt and the account was definitely covered in our filing which was Jan 4th.

What recourse if any do we have against them?

[spiderman]

If the debt was in fact dicharged, they can NOT try to collect on that debt. Unless you reaffirmed with them.

[HHM]

When they contact you, what are they saying. Are they trying to collect this debt. If so, then they are in violation of the Discharge provisions of the BK code and you can sue them for sanctions, damages and punitive damages, as well as attorney's fees.

[HRx]

Just reiterate to them that you listed the medical debt in your BK. You can also tell them you'll fax them a copy of the schedules and discharge paperwork.

If you filed using an attorney, just have the attorney mail the creditor stating thier illegal collection actions.

Goodluck!

[shardena]

help

I have worked in the collection field for over 5 years. Send the company a ceritifed letter stating that the balance was discharged through bk# (include case number) Advise them that they are in direct violation of the fair debt collection act, and to cease and desist any and all communication with you. Also advise them that any further communications will be dealt with accordingly. If they contact you again, seek an atoorney and sue them!