Should I have to pay for bankruptcy file and can I sue collection agency?

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Should I have to pay for bankruptcy file and can I sue collection agency?

I filed for personal bankruptcy in 1997 – 8 cards including a clothing store, the store in question. My debts were discharged. In about 2007,, a collection agency called me to pay them so my debt to the clothing store on bankruptcy file would be cleared. I told them I filed for bankruptcy. They sent me a letter and said that I could clear my debt to store by paying them over $200. When I called them, they said that I had to get proof, so I paid $25 for a copy of my bankruptcy report and $5 for certified mail to make sure they received it. What are my rights? Can I sue them for contacting me?

Asked on October 2, 2010 under Bankruptcy Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

I am assuming that you are considering suing them under the Fair Debt Collections Practices Act, correct?  The act does not make it illegal, per se, to contact a debtor or supposed debtor.  It makes the tactics used illegal.  It also does not give you a right to sue only a right to report and for them to be fined.  I would take the time to familiarize yourself with the act.  Information can be obtained on-line in plain language. Also, it sounds as if you are no longer bothered by them once you proved that the debt was discharged.  Sometimes when credit card debt is sold, notice regarding bankruptcies, etc., is lost and does not get to the right place.  And it does not sound as if you have any "damages" to sue them for at this point in time under any other theory of law. But seek help from an attorney in your area just to be sure.  Good luck.


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