[sjethro00]

I filed for chapter 7 bankruptcy in 2004. I filed the bankruptcy papers with a business who files the bankruptcy papers for you. A month after I filed the papers with then, they went out of business

When I went to court, no creditors were there to disupte the debt. About a month later I was contacted by a lawyer who claimed to be representing a creditor. He sent me a "print-out" of the debt I owed to that creditor, however it was printed from a website; pop-up ads were visible on the print-out. He highlighted a couple charges and deemed them "suspicious", and claimed I had intended to file bankruptcy and was merely "maxing the card out" before I filed.

He filed to collect on the debt in a county several hundred miles away. He has since put me in a monthly payment system which I am required to pay until 2010. I should also mention that the papers I were given indicates "You are responsible for keeping track of your payments and amount you owe/paid off". It was to my understanding I pay back the amount he disputed (the charges he highlighted), but when the papers were filed he included the whole debt.

The payments were suppose to be $75 a month for 12 months, $85 for 12 months, $105 for 12 months, and so on, eventually reaching $150 a month. I have never paid the increase, merely the $75 a month. I was never informed to change my payment amounts. I have also requested several times that I get a print-out of the payments I made, and after 3 months of requests via letter enclosed with my payment and a phone call which was not answered, I eventually received a print-out.

I have been suspicious of this being a possible scam, but now I have not made him a payment for the last 2 months, going on 3 and have not received any contact from him notifying me I missed a payment, etc.

Don't Creditors have there own attorneys? The "attorney" representing them is literally half-way across the country from where they are located. Is this a possible scam?

*I attempted to look up this attorney online, and found he was listed on a attorney-listing website service. To my knowledge anyone can post there add on the website for a fee.

I should also note I was dealing with a employment lawyer, whom I found on the same attorney-listing website, who wanted my paystubs to see if I had a case concerning overtime. I never did submit my paystubs to that attorney, but later tried to contact him, his phone was disconnected for 2 months! This is why the website does not verify if he is an actual attorney.*

[Fr_Chuck]

Ok, first if you went bankruptcy in 2004 and this debt was in the bankruptcy, you don't owe the debt.

Next if you went bankrupt you will have a final discharge from the court.

Merely send them a copy of the final discharge, tell them they are breaking the law and not to contact you ever again.

If you start making payments, you could not only obligate you to paying these debts, but all debts in that class of debt in your bankruptcy, since you can not do one debt differet and the other debtors can possibility sue in bankruptcy court that you are in violation of that.

You should have never, ever paid a debt you don't owe that was cleared in bankruptcy.

Please hire an attorney ASAP, you are really messing up at this point.

[sjethro00]

When the papers were originally filed, I did not do anything and ignored it. I knew that no one had contested the debt. I later received a phone call from a woman who claimed she was a judge in the county the papers were filed, and she wanted to know why I did not sign the papers and agree to the terms of the attorney. The first words out of her mouth when I answered the phone were, "are you on drugs? why didn't you sign the papers"

I re-contacted the company who had filed my bankruptcy papers for me, and advised them of the situation, and I was referred to a relative who is an attorney. I advised by that attorney to just to agree with the terms and pay back the debt. Looking at it now, I doubt the attorney knew what he was doing, and I should have hired a credible attorney if I had the money to do so.

Is a judge even allowed to call me, and yell at me to pay the debt? I have been reading on the issue, and I read to contact the attorney general if you're forced to pay a debt that has been cleared.

I know I messed up, but I had no money to hire an attorney at the time, which is a reason I had to file bankruptcy

[Fr_Chuck]

No judges don't call you ever, and no they never "tell" you to pay a debt.

A bankruptcy trustee may contact you, but it would almost always be in writing.

And you can't be forced to pay a debt that has been cleared, you can contract the attorney general if you want but the thing you do is laugh at them and tell them to go away.

You need to be sure your bankruptcy is final and discharged, did you receive the discharge papers?? Contact the court and be sure to get a copy of the final discharge papers.

[sjethro00]

Is it possible there is a "grace period" for creditors to contest the debt?

Also, wouldn't they just garnish your paycheck? Almost every case I have heard, they garnish your paycheck

[ScottGem]

What about what Chuck has been telling you don't you understand? I will try to put it in unambiguous terms.

1) Bankruptcy cancels all debts listed in the bankruptcy petition.
2) Creditors have a specified time to file, if they don't, they lose out
3) NEVER trust anyone without determining their bona fides.

Now what you should have done is this:
a) Sent this person a copy of your bankruptcy decree and tell him to cease contacting you
b) When this alleged judge called. You should have asked for her name and the court she was assigned to and her phone number. If she doesn't provide it you hang up. If she does, you say I will call you back and hang up. You then verify the court's phone number and call back asking for this judge.
c) You should have never paid them anything unless you received a court order (that you verified) to do so.

[Fr_Chuck]

Ok, a little easier


This is a SCAM, they are stealing your money, call the police, call an attorney