Legal Question in Credit and Debt Law in Virginia
Debt filed in bankruptcy court over 12 years ago trying to be collected on
I filed bankruptcy in 11/88 and was discharged. A collector is trying to collect on one of the debts. I have called them and told them in what court and the month and date it was filed and asked them not to bother me again as I do not owe the debt. They purchased the account from another agency. I advised them to investigate further on their end. They said they will be putting this on my credit report. I cannot find my papers, as it has been so long. How do I handle?
1 Answer from Attorneys
Re: Debt filed in bankruptcy court over 12 years ago trying to be collected on
Contact the Clerk of Court for the bankruptcy court in which you filed and obtained your discharge. Get a copy of your final order of discharge. That will have the case number on it and the date of discharge. If you tell the purported creditor those things and the name of the court (for example, something like: United States Bankruptcy Court for the Eastern District of Virginia, Alexandria Division), that's all they need to know. After that, it's their duty to check. If they take any action against you, they can be held in contempt in the bankruptcy court. If they take any action involving your credit history, that's a separate violation of federal law (Fair Credit Reporting Act).
You ought to have a copy of that discharge order handy, anyway.
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