I have received more and more complaints from consumers about collection agencies trying to collect on discharged debt, particularly debt that has been discharged in bankruptcy. There are some really important things to know about bankruptcy and the collection of discharged debt.
First, if you filed for bankruptcy before October 2005, your debt was discharged whether or not it was listed in your bankruptcy. There is a very common mis-perception that all of your debt had to be listed in your bankruptcy to be discharged. Not so. If you filed for Chapter 7 Bankruptcy and you had a “no asset” case, then all of your debt discharges whether or not it is listed in your bankruptcy petition. A no asset case is one in which the creditors received no money from the sale of your property. The vast majority of consumer bankruptcies are no asset cases. Your creditors will lie to you and tell you that any debts not listed in your bankruptcy did not discharge. This is false!
Second, you need to be sure that the collection agency knows about the bankruptcy. You need to send them written notice which contains you bankruptcy case number. The best thing to do is send them a copy of your bankruptcy discharge. If they ignore it, you will get money from them! I just helps a lady get money from a collection agency yesterday. The collection agency ignored the notice and continued to call her, and BINGO. Money in her pocket!