QUESTION
Can portfolio recovery associates come after you for a debt that was paid off in my bankruptcy?
Asked on Aug 17th, 2014 on Bankruptcy - Idaho
More details to this question:
Consumer paid $10,000 and sold it to PRA who is now saying I owe them $14,000.
7 ANSWERS
If a debt was listed in a bankruptcy case that received a discharge order, any future collection effort is a violation of that discharge order and subjects the collector to penalties and sanctions. You should immediately send a copy of your discharge order to Portfolio Recovery. Keep copies and records of any communication with the collector.
Answered on Aug 22nd, 2014 at 8:49 AM
William M Stoddard
Your question is ambiguous. Was your filing a chapter 13 where the debt was paid off or paid of to the amount still claimed. Defend the claim it is still owed. If you filed a Chapter 7 so the debt was discharged, then defend claiming misuse of process. Counter sue for violations of the credit act and the bankruptcy code. You may be awarded damages. In either case, defend, do not pay again.
Answered on Aug 21st, 2014 at 8:19 AM
Was the bankruptcy discharged after payment? If this creditor has sued you, it is probably a mistake. But it is up to you to respond to the lawsuit & present your defenses. If you are successful, you can be awarded legal fees and court costs. In addition, if your bankruptcy was discharged, you may have the right to sue the creditor for a violation of the bankruptcy discharge.
Answered on Aug 19th, 2014 at 12:04 PM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
If the debt was discharged in bankruptcy Portfolio Recovery cannot try to collect. Notify your attorney and the United States Trustee of creditor abuse.
Answered on Aug 19th, 2014 at 11:37 AM
Bankruptcy Attorney serving Huntington Woods, MI
at
Detroit Lawyers, PLLC
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No. Send them a notice of you bankruptcy or the order of discharge.
Answered on Aug 19th, 2014 at 9:30 AM
2 Awards
No. If you listed it and provided the creditor with notice it's successor cannot collect from you.
Answered on Aug 19th, 2014 at 5:16 AM
bankruptcy Attorney serving Paul, ID
at
Paul N. J. Ross Law, PLLC
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So many unknown details to answer this question. For example, did you receive a discharge as part of your bankruptcy. There are other answers needed to address your question. Visit with an attorney.
Answered on Aug 19th, 2014 at 5:12 AM