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What should you do if you receive a payment notice two years after your bankruptcy has been discharged?


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This happens fairly regularly, so making a nice letter, saying basically : Dear Creditor, On X date I filed bankruptcy in Y court, case number Z. The case was properly handled with all creditors having the ability to be heard. The courts determination resulted in the discharge of the debt you have just notified me about. As the debt no longer exists, this notice is in error. Please correct your records and confirm doing so by return mail. I have provided a copy of the closing papers for the afformentioned case. Make a couple of sets and send them out as needed. Certified mail is always a safe precaution. The first thing you should do is make certain the debt that you have been notified of was actually discharged in the bankruptcy. If that is the case, it is not the responsibility of the person to prove to the creditor of the discharge of the bankruptcy as the creditor would have been notified and any attempt to collect is not legal nor valid. If the petitioner chooses to notify the creditor all he or she needs to do is give the court docket number, the BK case number and the discharge date. Bankruptcy action is a matter of public record and quite easily confirmed by anyone who wishes the information. If the debt was discharged and the creditor continues contact, the petitioner should notify the office of the attorney general in the state in which he or she resides.