Legal Question in Bankruptcy in California

How do I stop a collector from harrassing me

I filed bk and all my debts were dissolved. I had purchased a car under an alias name and s.s. # When I filled the b.k. I put both my legal and alias name. The paralegal said that I could only put one s.s.#. The car company was given a notice of the filing. They had orginially tried to garnish my wages, but the filling stoped that. Now they keep calling where I work stating they want their money and they will not accept the courts rulings because my s.s. # does not match and they don't care whether the name matches or not. What do I do now?


Asked on 11/08/00, 10:38 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: How do I stop a collector from harrassing me

Well, first of all the paralegal was completely wrong in her advice. However, I don't see how the social security number has much to do with it. If you have two valid social security numbers (and I'm not sure how you could), then the bankruptcy covers you regardless. What the car company might have had was grounds for objecting to your discharge based on fraud (if the SS # was fake). Also, if you failed to list your alias name in your bankruptcy papers (also required), they could also have grounds for re-opening the bankruptcy and objecting to your discharge. Ultimately I believe the issue comes down to notice. If your chapter 7 case was a no asset case and you received a discharge and the car company was listed as a creditor, then they cannot collect on the debt (assuming you no longer have the vehicle). If they persist you should hire an attorney to deal with them.

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Answered on 11/17/00, 9:52 pm


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