QUESTION

Can a credit card company threaten garnishment after the balance has been discharged?

Asked on Jan 21st, 2011 on Bankruptcy - California
More details to this question:
I have received notices from a couple of attorneys stating that they are representing a credit card company that has already charged off the existing balance. They claim that they have gone to court and received permission from a judge to begin collecting the fees plus additional legal costs for the outstanding balance on these unsecured credit cards. This seems a bit fishy to me, especially since with every "legal and formal" document they send they offer to reduce the debt if we call the 800 number and make a deal. Is this actually legal, an unsecured card coming after the person after the balance has been discharged or is this just a slicker way for collection agencies to scare people?
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9 ANSWERS

Bankruptcy Attorney serving Beverly Hills, CA
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If your debt was "discharged", meaning you filed for bankruptcy and included that credit card debt in your bankruptcy schedules, the credit card company may not continue pursuing collections against you. If you did not file for bankruptcy and what you meant to say was the debt was "charged-off", the credit card company can continue to pursue collection actions against you.
Answered on Feb 04th, 2011 at 1:43 PM

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William C. Gosnell
No, they cannot.
Answered on Jan 24th, 2011 at 4:28 PM

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judith runyon
Charged off just means they have sold the debt to a collection account. It has not been "Discharged" as you stated, unless you filed bankruptcy.
Answered on Jan 22nd, 2011 at 8:43 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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It sounds fishy. If a debt has been discharged by a bankruptcy court under Chapter 7, then your obligation to pay it has ended. I would strongly suggest you consult a bankruptcy attorney for assistance.
Answered on Jan 21st, 2011 at 6:43 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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There is a permanent injunction by the federal bankruptcy court upon issuance of the discharge. It means collecting any of the discharged debts is a definite no, no. It is contempt of court to do that and you can get $$$ from the bankruptcy court. It is also a violation of federal and California fair practices debt collection statutes and you would be entitled to compensation, attorneys' fees and costs for that and even punitive damages in some cases for intentional violations. If you had an attorney in the bankruptcy case you need to contact that attorney to have the bankruptcy court award you damages. You should first send a certified letter to whoever sends you collection notices and send a copy of your discharge. If they do it again it demonstrate intentional disregard of the discharge injunction and will get the bankruptcy judge very mad so that you can get maximum compensation. Judges don't like their orders ignored. You have to make sure that those debts were in your schedule of debts filed in your bankruptcy case and that notices were sent to those creditors but not necessarily to the person or company calling. Also, you must confirm that those debts were dischargeable. Some debts, such as student loans, are not dischargeable. If you can confirm that the debts were discharged and that proper notice was given to the creditor at the time you filed the bankruptcy case, then make sure you do ask the bankruptcy court to award you maximum compensation. Keep copies of everything and a written record of conversations including the date, times, telephone numbers and name of person with whom you spoke. Do not record any conversation without permission from the other person on the line as that is a criminal violation in California. However, you can save voicemail messages as evidence since by leaving a message the person talking is authorizing the recording. That is an excellent way to document your case if you have many calls leaving messages plus the written notices. Good luck....
Answered on Jan 21st, 2011 at 3:43 PM

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Worker's Compensation Attorney serving Corona, CA at Workers' Compensation Lawyer, Inc.
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You are using the word "discharge" too loosely. "Charged off" is usually what companies do to write off a loss for tax purposes. It does not make your liability go away, however. Only a Bankruptcy discharge can rid you of your liability in the way you are using the word "discharge". So yes, they can attempt to collect a valid debt under your state's laws.
Answered on Jan 21st, 2011 at 3:13 PM

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Bankruptcy Attorney serving Orange, CA at Goodman & Dicus LLP
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Creditors whose debts have discharged may not pursue the debt further. You can assume a debt was discharged if you listed it in your bankruptcy papers, the creditor didn't successfully object to its discharge, and it doesn't fall within one of the nondischargeable categories (credit card debt usually doesn't). If a creditor tries to collect a debt that clearly was discharged in your bankruptcy, you should respond at once with a letter, pointing out their collection efforts violate federal law, 11 U.S.C. 524. If the collection efforts don't immediately stop, you'll likely need the assistance of a lawyer to write the creditor again and, if that doesn't work, to sue the creditor for harassment.
Answered on Jan 21st, 2011 at 2:58 PM

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Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
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This does not sound right. I would demand the court paperwork.
Answered on Jan 21st, 2011 at 2:43 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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Your question uses the words "discharged" and "charged off". If the debt has been discharged, as in discharged in bankruptcy, they cannot try to collect from you. Whereas if the debt has simply been "charged off," the owner of the debt can still attempt to collect.
Answered on Jan 21st, 2011 at 1:58 PM

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