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Can a 9 year old debt be garnished by a collection company if you filed chapter 13 9 years ago and paid that same debt?
Wiki User
∙ 13y ago
The answer is: Legally no...but!
If you do note take specific steps to inform the collection agency that the debt was discharged in bankruptcy, they will move forward as if the debt is valid and can actually obtain a court judgment against you entitling them to collect.
For example, if the collection agency sends you a letter saying you owe such and such and you choose to ignore them. Then they can rightfully assuming that their assertions are correct and proceed to sue you in court to obtain a money judgment.
If you are faced with this situation, you should send a certified letter (return receipt requested) to the collection agency along with a copy of the information indicating that the debt has been dealt with in bankruptcy. Also send a certified letter to yourself with the same information.
Keep both receipts, but do not open your letter when it comes back to you in the mail. Should the collection agency continue to pursue this debt with a lawsuit you can bring a counter suit against them fror fraud and you will most definitely be able to prove to the court that the collection agency does not have a valid claim.
Wiki User
∙ 13y ago
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If you filed chapter 13 and joint bank acct was garnished will they to unfreeze your funds?
In the state of North Carolina it is illegal for any organization to garnish your wages. I'm not sure the state that you filed your Chapter 13 bankruptcy, but my suggestion is contact your bankruptcy attorney and tell him the situation.
Can bank account be garnished if filed by collection agency rather than original debtor?
Yes, it can be garnished by a collection agency (CA). What happens is that the original credit sells the debt to the CA. Then the CA owns the debt. The CA tries to collect from you. If you don't pay, they can sue you. If they sue you and win a judgment, they can garnish your wages. Of course, the CA may be suing you for debts that are not yours or where the statute of limitations has expired! Learn your rights by reading up on the FDCPA.
How do i file for financial hardship in Oklahoma so that my wages are not garnished What for m do I use?
Is the garnishment filed in Oklahoma County?
Can you quit your job before filing chapter 7?
Only if you have filed chapter 6.
Is allen canning bankrupt?
They have filed Chapter 11
If you filed chapter 13 and joint bank acct was garnished will they to unfreeze your funds?
In the state of North Carolina it is illegal for any organization to garnish your wages. I'm not sure the state that you filed your Chapter 13 bankruptcy, but my suggestion is contact your bankruptcy attorney and tell him the situation.
If your wages are being garnished after you filed for bankruptcy in Ohio can the collection agency keep what they've taken and how can you stop the garnishment?
Once the bankruptcy is filed the automatic stay will halt the garnishment action. However, monies taken before the bankrupcy was filed will not be returned to the debtor.
Can a chapter 7 be filed with an open chapter 13?
A Chapter 7 can be filed with an open Chapter 13.
When did fr tripler co go out of business?
in 1995 the company filed chapter 11 bankrupcy.
The company filed for bankruptcy do you still owe the judgement?
Yes. The trustee in bankruptcy will take over collection of the company's accounts receivable. These are assets of the bankrupt estate that must be managed. Even if the bankruptcy is a complete liquidation (Chapter 7) the assets have got to be collected and paid to the individual creditors of the company.
How does a client get their money back if the business files for bankruptcy?
It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.
Can you get the money back that was garnished before you filed chapter 7?
Yes, but it must be listed correctly in your bankruptcy paperwork. It must be listed as both an asset and must be exempted for the trustee to return funds to you.
Has 84 Lumber Company filed for Chapter 13 bankruptcy?
No, 84 Lumber hasn't filed bankruptcy. Financially they are more sound and have more assetts that any other company in todays climate except maybe Probuild.
If someone files chapter 13 in 2004 can chapter 7 now be filed?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
If you filed a joint tax return in Michigan can your return be garnished?
Yes this could be very possible.
Who is pathmark owned by?
The great atlantic and pacific tea company (a@p) but a@p filed for bankrupcty chapter 11 last year
You filed for chapter 11 and now im trying to talk down the company that you bought your truck from who do you talk to?
talk to yo maneger
