Debt Collector Attempting to Collect After 3 Years
Posted 11 February 2013 - 08:43 AM
Posted 11 February 2013 - 08:55 AM
Posted 11 February 2013 - 11:17 AM
Posted 11 February 2013 - 11:49 AM
I thought that they only had 1 year to collect after my dismissal. Can they do this? Please advise.
Your bankruptcy was dismissed. I'll assume that means that you didn't complete the plan and that the debts you had were not discharged. If the debts were not discharged, then the creditor may of course resume collection of them after the dismissal. I'll also assume that the statute of limitations to sue had not expired when you filed the bankruptcy petition. Filing the petition typically suspends (tolls) the running of the statute of limitations. So, typically the creditor would at least have whatever time was left on the SOL when you filed the petition to sue you to collect. If the SOL is gone, the creditor could not successfully sue you, but it may still be able to take other actions to collect. (The case law interpreting the federal Fair Debt Collection Practices Act (FDCPA) in at least some jurisdictions is that third party debt collectors may not make any collection efforts after the SOL has run out, but the original creditor is not regulated by that Act.) A lot depends here on the orders that were entered in the bankruptcy case, the details of the debt, and the applicable state law. You might want to ask your bankruptcy attorney if any orders in the case restricts what this creditor may do as a starting point.
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