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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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