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What not to do when harassed about old or discharged debts

On Behalf of | Nov 7, 2016 | Bankruptcy |

Some Kentucky consumers receive calls about debts they don’t remember, that are beyond the statute of limitations, that are fraudulent or that have been discharged in bankruptcy. When people are contacted about these types of obligations, they need to be careful.

Old debts are often sold by creditors to collection agencies for pennies on the dollar. The agencies stand to make profits if they are able to collect anything on these types of debts. Some people feel pressured to make small payments while they are on the telephone, but they should not agree to do so. Even a single small payment can count as an acknowledgment of the debt and restart the statute of limitations, meaning people might be sued for the balances.

If a debt collector calls about a debt that a person doesn’t recognize, a validation letter should be demanded. The letter should include information about when the debt was incurred and who the original creditor was. If the debt is one that was discharged in bankruptcy, the person might want to talk to a bankruptcy attorney about taking action against the debt collector.

People who are being harassed by creditors for fraudulent debts, debts that are beyond the statutes of limitations or debts that have been discharged may be able to pursue legal remedies. When a debt is discharged in a Chapter 7 or Chapter 13 bankruptcy, all further attempts at collection must stop. If a creditor violates this injunction, a bankruptcy attorney may be able to recover damages and attorneys fees by filing a motion with the bankruptcy court asking the court to hold the debt collector in contempt of the discharge order.


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