Legal Question in Bankruptcy in Florida
Asset Acceptance harassing over debt cleared through bankruptcy
We have unfortunately declared bankruptcy and have had all proceedings finalized early this year (2005). We have recently begun receiving letters and phone calls from Asset Acceptance attempting to collect a debt that was discharged through bankruptcy. Our phone number/address had been changed and unlisted AND was only disclosed through banckruptcy records.
My questions are: What proceedures should we take regarding the elimination of this harassment? Do we need to go through the additional expense of sending them a copy of the bankruptcy paperwork along with a cease and desist letter VIA certified or registered mail? Does this mean we'll have to do this EVERYTIME someone purchases this discharged debt? Are any laws being broken AND...most importantly...do we have any recourse??!!
Thanks for your time!
2 Answers from Attorneys
Re: Asset Acceptance harassing over debt cleared through bankruptcy
You should inform them the next time they call of the Bankruptcy, if they do not stop it would be a good idea to send a copy of the paperwork and a cease and desist letter. Continue to keep track of the date, time and person's name that is calling you. If they continue you may have a complaint against the company for its abusive and harrassing behavior.
Re: Asset Acceptance harassing over debt cleared through bankruptcy
If the annoyances continue after they have notice, then you can pursue remedies in the Court. Such action is barred.
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