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What should you do if a creditor is attempting to collect a charged off debt?
Wiki User
∙ 17y ago
it may be still collectable, even if it has been written off, unless the statute of limitations apply Answer http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8 link for statue of limitations!! As you didn't say how old this debt is--chances are it is going to be around for a while. If you are not filing bankruptcy, then you should try to settle on an amount due. Remember if you settle, they are only going to to give you a few days to pay it, so you have to have the money handy. You want a letter sent/faxed to you with the person who agreed to the settlement's name on it. Send your check with a COPY of the letter. (Written on the check settlement agreement-pd in full). You then want a letter stating that the settlement was received and accepted and all three reporting repositories will be notified. Keep your letters for a long time--3-4 years, as you might find that you will need them later on. If you arrange payments, pay them on time without giving them post-dated checks. Good Luck.
Wiki User
∙ 17y ago
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What is the consequence to the debtor if you are an unnamed creditor in a Chapter 7 and should be?
Any creditor not included in a bankruptcy discharge retains the right to continue attempting to collect a debt. That would include using legal remedy in the form of a lawsuit against the debtor.
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The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
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There are debts that are not dischargeable in BK. Federal and State taxes. Child support and/or alimony. Student loans. Personal injury judgments, etc. A BK discharge does not mean debts are no longer owed. It prevents the creditor(s) from attempting to collect. After discharge, a consumer can choose to pay any creditor, without reassuming the debt as a whole.
A collection agency is attempting to collect for a 5 year old medical bill you do not owe can they collect in the state of Ohio?
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Can a person be liable for debt incurred during marriage but assigned to ex spouse in divorce decree?
You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.You should be aware that a creditor is not generally bound by your divorce decree if the debt was incurred in your name. You should contact the attorney who represented you at the divorce if the creditor is pursuing you for payment.
Are you charged for incoming calls on a cell phone?
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Should correspondence or phone calls be used trying to work with a card company who has charged off your account to ask them to accept payments on the charged off account?
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How do you make an electronic payment.?
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What should you do about a debt that was charged off over 10 years ago and removed from your credit report but has now reappeared because it was bought by a new collection agency?
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