Can a debt collector try to collect on a debt that was?
Once the debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt. Filing for bankruptcy can have long-term consequences so consult a bankruptcy attorney to learn more.
Can a creditor try to collect debt during my bankruptcy?
If, after you file for bankruptcy, a creditor continues its collection actions against you, the creditor may be violating bankruptcy’s automatic stay. Read on to learn when collection activities violate the stay and what you can do if a creditor continues to collect a debt in violation of the automatic stay.
When does a creditor have to comply with the FDCPA?
But an exception to this rule exists: When collecting its own debts, a creditor must comply with the FDCPA if it uses a different name that implies a third party is attempting to collect the debt. Who Is a “Debt Collector” Under the Federal FDCPA?
Where do I report a debt collector for an alleged violation?
Where do I report a debt collector for an alleged violation? Report any problems you have with a debt collector to: your state attorney general’s office; the Federal Trade Commission; the Consumer Financial Protection Bureau; Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act.
Once the debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt. Filing for bankruptcy can have long-term consequences so consult a bankruptcy attorney to learn more.
Can a creditor collect on a discharged debt?
Congress made laws to stop this activity, and the laws were added to the Bankruptcy Code. These laws set penalties for creditors trying to illegally collect discharged debt. Courts can order a creditor to pay attorney fees, compensation to the bankruptcy filer, and penalties for discharge violations.
Can a debt collector call after you file bankruptcy?
Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court. If a debt collector calls and you have filed for bankruptcy, tell the debt collector. You should also be sure the debt is in your list of debts and creditors filed with the bankruptcy court.
What to do if you get a summons from a debt collector?
If you get a summons, look up the court’s contact information online (not on the notice you were sent) and contact the court directly to confirm that the notice is accurate. Don’t use the address or phone number on the document you receive. There’s an important exception to the FDCPA: In-house debt collectors aren’t subject to it.