Legal Question in Credit and Debt Law in New York

Can I be sent to collections by a former employer without ever receiving my bill

I filed bankruptcy in June 2004. I quit myt job in October 2004. I received an email stating I owed about 1300.00 the day I quit. My bankruptcy had discharged about 1250.00. I never received any form of an accurate bill. I called twice to request one but manager was not in on either occasion. December 2004 I received a notice form an outside collection agency demanding payment for about 700.00, including interest and finance on the amount discharged. That has been settled and adjusted but manager is still requesting more than what I believe I actually owe. I have paid 100.00 since January while disputing the full amount. The manager is being extremely rude in her corespondence calling it petty dialog. What I wan to know is can anything be done about her attremt to collect on a debt that was partially discharged and can she even charge collection fees (close to 200.00) for an account that I was never billed for?


Asked on 3/07/05, 8:57 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can I be sent to collections by a former employer without ever receiving my

It is possible that you owe nothing on a discharged debt. The underlying finance and interest charges are also discharged.

Bring this to the attention of the bankruptcy court or indicate to the creditor directly that they are in violation of federal law.

You are in Rochester Ny and I in NYC. It is possible that legal aid in your area will be helpful to you.

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Answered on 3/07/05, 12:17 pm


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