What can I do if a creditor has summoned me to be in court over loan that was listed on a bankruptcy I had 8 years ago?

When I called to discuss the situation with the company he asked for me to pay seventy dollars for him filing the case against me. Do I have the responsibility of paying him, even though the loan was listed in my bankruptcy?

Asked on June 3, 2014 under Bankruptcy Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ok do not deal with the creditor at all anymore unless you are in front of the court.  First, answer the summons.  Do not "default".  The law will presume you agree with the complaint if you do not answer it. Put in an affirmative defense that the debt was discharged in bankruptcy and submit a copy of the discharge with your Answer. Wait for the court date and see the Judge.  He or she should dismiss the claim.  Good luck.

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