Can a creditor collect a debt after bankruptcy if they were not included?
Rec’d a discharge last year and I just got a letter from a towing company in an old repossession who is trying to collect on a charge. I did not know the charge existed and therefore did not include them in the bankruptcy. Do I have to pay them? I called the attorney who said our relationship ended with the discharge and he would have to charge for more assistance! Gee, thanks.
Any help is appreciated.
Posted September 11th, 2011 in Bankruptcy Q and A. Tagged: bankruptcy, relationship, repossession, towing company.
As long as the debt was not discharged in your bankruptcy you still legally owe it.
Now that doe;s not mean you have to pay it, it’s very well possible that’s it’s past the statute of limitations which means the can jump up and down, scream threaten what ever they want but they can’t take you to court and win. You can look up the S.O.L. in the like I posted in the source box and if they contact you again simply tell them that this debt is time barred from collections and to quit bothering you.
September 11th, 2011 at 4:38 amThe towing company is billing YOU for a repossession? I have never heard of that and would question why the bank who repo’d the car didn’t pay it. I would certainly look more into this.
The one thing I’d also do is check statute of limitations. How long ago was it? If past the SOL, you aren’t obligated to pay it.
http://www.comebackcredit.com has a post on statutes of limitations and you can check for your state. collectors try to collect everyday on things that aren’t legally collectible because they have so much success collection so you need to really look into this before you even consider paying them.
September 11th, 2011 at 4:38 amWhen the car was repo’d, that was suppose to been added to your account balance. If the bank forgot to add the repo fee, it’s the banks problem, not yours. You can call the bank and ask why you’re getting billed if the repo feed was added and that should be included in the bankruptcy. If I can be of any further help, you can email at sbcovener@msn.com
September 11th, 2011 at 4:38 amyou are liable as long as the debt was not included in the bankruptcy as per the laws the creditor cannot do much in this regard it depends on the state of limitation if it was expired you will no longer have a legal obligation to pay if there are any such problems then i will suggest to post a certified letter to the towing company and state that the limitation period was expired.keep the copies of the mail you have sent for the further assistance
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September 11th, 2011 at 4:38 amIf the debt was "pre-petition" meaning that the debt arose before you filed for bankruptcy, then it is automatically included in your discharge EVEN if you did not list them.
Subject to certain types of debts, bankruptcy wipes out all ‘pre-petition’ debts. That means the repo service cannot come after you if you owed them money prior to filing for bk. Just show them your bankruptcy notice.
September 11th, 2011 at 4:38 am