Legal Question in Credit and Debt Law in California
How to find out old collection information
I went through bankruptcy in august of 2002 and I recently recieved a letter from a law group about a judement against me and 2 other people back in September of 2000. I also recently saw ran a credit report and it said this judgement is on my credit report until september of 2007. Is there a way to find out what collection agency was used in the past to collect ths debt? I know I lsted that company but I don't remeber the name? Why after all this time are they trying to collect it now too?
2 Answers from Attorneys
Re: How to find out old collection information
If you obtained a discharge, and this creditor (or the original creditor) was listed, you may be able to obtain punitive damages for their violation of the discharge order. Contact the attorney who did your bankruptcy.
Re: How to find out old collection information
I suggest that you send a firm certified return receipt letter to the creditor (keep a copy), along with a copy of your notice of discharge, and tell them that you expect them to never again attempt to collect the discharged debt, and to remove any negative information they placed on your credit reports. If they don't do so, as Mr. Stone suggests, you might have a decent lawsuit for violation of the bankruptcy laws and the Fair Debt Collection Practices Act.