Can I sue a debtor from my bankruptcy if there still trying to collect on a discharged debt?

UPDATED: Sep 14, 2011

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Can I sue a debtor from my bankruptcy if there still trying to collect on a discharged debt?

I’ve been discharge since last year on a Chapter 7 but a debt collector don’t stop sending bills. It’s trying to collect for a second mortgage on a property even when they wedre include in the bankruptcy.

Asked on September 14, 2011 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you received your discharge in a Chapter 7 bankruptcy and a former creditor who was listed in your initial list of creditors concerning your filing continues to keep sending you invoices for a debt that was discharged, you need to do the following:

1. send this former creditor a letter advising of your discharge with a copy of it requesting that any future contact needs to cease in that continued contact could be deemed in violation of your state's unfair debt collection act or the federal unfair debt collection act;

2. if the contact continues by your former creditor, you might consider consulting with an attorney over how to end the billing process.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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