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Yes. Whether or not the collector can file a lawsuit depends upon the SOL for the state in which the debtor lives, or in some cases where the debt was incurred.

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โˆ™ 2006-05-19 13:19:53
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Q: Can a third party collection agency collect any debt not listed on a bankruptcy?
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If you took a college course and only gave your name and address can the college still send it to an agency for collection?

AnswerYes, if you have an outstanding balance due and especially if you provided your social security number on your application. The collection agency will then identify any accounts that have additional pertinent information such as social security number (if not provided), phone numbers and alternate points of contact. The agency will then attempt to collect the outstanding balance. If they fail to collect the debt, the delinquent account will be listed to your credit bureau. When you apply for any future loan, revolving account or have any one check your bureau for credit worthiness (i.e. apartment, cell phone or utility company) your college course debt will be listed as an unpaid debt. The debt may have also accrued interest, late fees and the collection agency fees.

Can you stop a creditor from selling your account once you have filed bankruptcy?

No. The bankruptcy is to stop anyone who has a right to collect a debt from being able to collect, called the automatic stay. If the debt is listed in the correct debt owner's (creditor's) address and it is discharged, it does not matter who owns the debt.

Can a third party debt collection agency collect any debt not listed on a bankruptcy?

Yes. Any debt not listed in a bankruptcy is fair game to collections. More than that, ALL debts MUST be listed on your BK petition, as well as ALL assets. You do not pick and chose what is included and not. You do not determine who gets paid and who doesn't. That is all decided by the court process. And now your thinking you should be protected for things you didn't list? READ YOU FILING and your sworn statement to the court. That everything is included is what you swore to. Not doing so is considered fraudulent (certainly contemp) to the court, will have you case dismissed and frequently criminal charges pursued. Better correct yourself quick!

Can a debt be listed on your credit report by the collection agency as two separate entries with one as a charge off and the other as a collection fee?

Yes, the charge off is entered by the original creditor, and the collection fee is a separate debt.

When filing bankruptcy do you list the original creditors or the collection agencies?

You will list on the petition the actual names of the creditors not the collection agencies. After you file your petition you will give your docket number to any of the creditors or the collection agencies who are trying to collect monies for the creditors listed on the petition when they call you or send their demand letters. Please be very careful to include ALL the creditors you wish to declare bankruptcy on. Once you file your petition you cannot add creditors later. You can actually amend your BK Schedules anytime prior to discharge, so if you forget someone, its not too late. However, you will have to mail the notices of Commencement of Chapter 7 yourself and will be responsible for renoticing the creditors if notices are returned due to a dead address or forwarding expiration. I recommend listing both the collection and the original creditor. The collection agency may have purchases the debt and be more than a collection agency at that point. Also, listing the collection agency means that that they will be notified of the automatic stay directly by the court and the phone calls will stop sooner. Regardless of what you do, remember that the new law that goes into effect in October 2005 requires you to list the original creditor at the address on your statements. I am a bankruptcy attorney and I always list both the original creditor and the collection agency or attorney representing the original creditor so that the creditor cannot later complain that they did not receive proper notice of the bankruptcy. I always pull a fresh credit report from all 3 bureaus on the date the petition is filed so that I don't miss any creditors who may have bought an account or that are representing a creditor in some way.

Can an hoa collect after bankruptcy?

Yes. Assessments are due and owing on the date of filing and thereafter. If past-due assessments -- owed to the date of filing -- were listed in the bankruptcy filing, they have been handled by the referee and must be treated as subject to those rulings.

Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?

If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.

You have a valid debt that was purchased by another collection agency however the original date that the debt was opened was 2003 The new collection agency has it listed as 2005 is this legal?

The date that is of the most importance is the DLA, which is used if it pertains to the state SOL. The opening account date can be disputed and possibly amended, but it will not affect the validity of the debt or prohibit the collection process.

If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?

A bankruptcy can be closed or dismissed. It cannot be "discharged." The debtor is discharged from having to pay any dischargeable bills. If the 13 was successfully completed, and the debt was listed as an unsecured debt if the unsecured creditors were paid something under the plan, it might not have been discharged. Many third party debt collection law firms and agencies are trying to collect discharged debts in violation of the permanent stay. It is illegal.

Can you file a lawsuit on a collection agency that was listed on your chapter 7 discharge for continually harassing you after your discharge?

Yes you can file suit against the collection agency for violating the automatic stay. If you need further assistance please visit us at: <A HREF="https://www.">Ontrack Financial Group</A>

Can discharged items that were included in a bankruptcy be listed as discharged in bankruptcy on your credit report?

Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.

Can a credit collection agency still sue you for unsettled debt even if the original creditor was listed in a Chapter 7 bankruptcy?

Of course. Your saying the person/co you owed money to (the creditor) went bankrupt. So? His/its bankruptcy does not relieve or change YOUR debt in any way...whether he transferred the debt or not, before or after filing. In fact, the debt you had to that bankrupt party is an asset of its. Hence, when he declared bankrutpcy it is very commonly given to one of HIS creditors as a way to pay them.

Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?

Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.

What is the statute of limitations of charge off auto loans in Virginia?

If you defaulted on a car loan, most states have a statutes of limitation of 10 years. Even though the lender may have "charged off" the debt, the debt could and probably has been sold o a collection agency. You can protect yourself from the Collection Agency from harassing you by sending them , by registered , a letter requesting Validation Of The DEbt. The Collection Company has to stop calling you and the must provide proof of the original loan and a signed copy of the contract, a license showing that they CAN collect the debt, and proof that they, indeed , have purchased the loan from the original creditor and the necessary paperwork to prove it. Most collection companies cannot obtain that information so is that is the case, you can contact the credit bureau that has it listed as a bad debt and showing the proof that you did contact the collection agency and received no response, the have to remove it from your credit report. If , in fact the collection agency DID report this questionable loan as delinquent without any of the above proof, you can sue them for defamation of character.

Can you reverse a bankruptcy decision?

The bankruptcy court can reverse or revoke a bankruptcy. If fraud is suspected, or if certain items are not listed, this can cause a major problem for the parties involved.

Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?

If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.

Can a collection agency for a non-credit card-type bill hurt your credit rating?

Yes Once a collection account is reported to your credit history, its origin no longer matters. If money is owed and it gets listed with a credit reporting agency as a collection account, it affects the main factor in your credit score: Payment history. See for details of a FICO score.

Who is number is this- 757-961-3547?

The phone number 757-961-3547 is a collection agency named Portfolio Recovery Services. They seem to specialize in outdated accounts that no longer show on your reports and will suddenly call over and over about old old debts. They seem to be listed as a legitimate collection agency but use verbally abusive methods and make insulting comments in their collection attempts.

Will a bank hire you if you have a bankruptcy on your record?

no they will not Yes. Each bank has its own rules but most will, unless of course they were listed on the bankruptcy

Can one put car payments on their bankruptcy?

You not only can, you must. All creditors must be listed in any bankruptcy filing.

If you are not listed as creditor on chapter 11 bankruptcy?

File a proof of claim

Where can one find information about bankruptcy filings?

One can find information about bankruptcy filings on government websites. It depends on where your country is and all the instructions of how to file bankruptcy will be listed in steps for you.

Is there a phone number to contact medical payment data collection agency?

A phone number that has worked for this in the past is 412-424-0250. Other companies may have different numbers than this one listed.

How can you prove that a judgment has been discharged in a bankruptcy?

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.

When should you tell creditors you have retained a lawyer for bankruptcy?

When the bankruptcy is filed the BK court will contact all the creditors listed. If the debtor is receiving collection calls he or she should inform the collector that legal counsel has been obtained. When a creditor has been informed that the debtor is represented by an attorney the creditor cannot contact the debtor directly.