Legal Question in Credit and Debt Law in California
a company called me stating they would send a legal team would come to my work to arrest me and take me to court for not paying a bill. that they would take
me to jail. Isn't that illegal ?
I have Chapter 7 protection for the next 5 years.
1 Answer from Attorneys
This is not Dubai...we don't have debtor's prisons in the United States. If the debt was discharged in the bankruptcy, you can bring a motion for sanctions the collection in bankruptcy court. If you incurred the debt after filing for bankruptcy, then you probably have a pretty good claim against the collector under the Federal Fair Debt Collection Practices. In either case, the first thing you should probably do is contact the attorney who did your bankruptcy to see if the matter should be handled as a discharge violation or an FDCPA lawsuit.
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