Am I legally bound to pay a debtor whose debt was discharged 17 years ago?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I legally bound to pay a debtor whose debt was discharged 17 years ago?

I received a statement from them yesterday for the full amount that was included in the proceedings. Is it legal for the debtor to ask for the amount? Do I ignore this request?

Asked on January 23, 2014 under Bankruptcy Law, New York

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

You don't specify what type of debt was sought to be collected.  If it ws a secured debt, the creditor may still have rights against the collateral. Were you represented by an attorney at the time you filed.  If so, consult with the attorney to ascretain your remedies.  To answer the question" Is it legal?", well it's not illegal but by attempting to collect a dischaged debt, the creditor may be subject to sanctions.

Finally, it is a frequent practice for credits sell bad debt to collection firms.  If the party seeking repayment is different from the original creditor, merely sent them a copy of your discharge and the schedule listing the debt and thier efforts should cease.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption