What to do if I my Chapter 7 was discharged 3 1/2 years ago but just received a letter from an attorney saying that I am being sued for 4,867.05?

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What to do if I my Chapter 7 was discharged 3 1/2 years ago but just received a letter from an attorney saying that I am being sued for 4,867.05?

It is regarding a broken lease at an apartment that I lived in 4 years ago in another state. I did not include this into my bankruptcy petition because I had spoken with the apartment manager before I left and was under the impression that I did not owe any more than I had already paid. The interest portion of the suit is $2,845. Seems as if they waited 4 years just to rack up the interest charges. How do I handle this? Am I liable since the debt was incurred before my bankruptcy? Will they be able to ruin my credit and/or attach my paycheck?

Asked on January 19, 2014 under Bankruptcy Law, Nevada

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If you did not include this debt in your bankruptcy, then it was not discharged, and you may still owe it.  However, the apartment manager's assurances that you did not owe anything may be used in your defense of the debt.  If they get a judgment against you, and you still do not pay, they will be able to garnish your wages.  Prior to this going to trial, there should be a pretrial conference offering an opportunity to settle the debt.  Settlement for a lesser amount is probably your best option.


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