Legal Question in Credit and Debt Law in Utah

Bankruptcy and Collections

I had a chapter 13 bankruptcy get dismissed a year ago. We were able to get a loan and pay off all the creditors. I have one that we called to settle with and they claimed they had no record of our information or of any debt we owed them. So we left it alone and now a year later we got a letter from them stating we owe them money and if we don't pay it with in 30days they are going to put a judgement against us. my question is are they allowed to collect after a whole year of not sending one letter or even a phone call about this debt and after they told us they had no record of our information. Also the company was bought out by another company not sure if that matters.


Asked on 3/08/07, 11:22 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Bankruptcy and Collections

You can wait for them to sue you, and then contest the debt in court for their failure to produce the debt information when you requested it. Or settle now, maybe for a discounted amount. Note, they cannot "put" a judgment against you. They need to file a lawsuit and then follow procedures to get a judgment.

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Answered on 3/08/07, 11:30 am


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