Hello, Live in California Pushpin LLC sent demand letter 341.75 for lease of this machine back 2001 bankruptsy filed 2001?

Asked about 1 year ago - Fairfield, CA

Does statute of Limitation come into play here been over 10years? Am I still procted under the FDCPA ?

Attorney answers (4)

  1. Robert Harlan Stempler

    Contributor Level 19

    3

    Lawyers agree

    Answered . If you filed bankruptcy, consult your bankruptcy lawyer, as this debt was probably discharged in bankruptcy, and collection contacts to you after that are likely a violation of the Bankruptcy Discharge order. The statute of limitations may apply if you have not paid in over four years and this was not discharged in your bankruptcy, but the computation can be more challenging if this was a lease. The period may be longer.

    The Fair Debt Collection Practices Act (FDCPA) applies only to consumer debts, not business debts. If this was a business machine, then the FDCPA would not apply. If this was discharged in Bankruptcy, then you will need to file for sanctions in Bankruptcy Court. If you had a lawyer for the bankruptcy, contact that attorney. If not or if the attorney is not interested, then you should contact an experienced bankruptcy attorney for this type of litigation, as you may also be able to recover your attorney's fees.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Dheeraj Kumar Singhal

    Contributor Level 13

    2

    Lawyers agree

    Answered . First contact the creditor and let them know that you filed bankruptcy. If they don't stop, hire a bankruptcy attorney. If the creditors is violating your discharge, you may get your attorneys fees covered plus damages.

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . talk to your BK lawyer and they can send a letter out to the creditor attorney advising them of bankruptcy and possible violations.

  4. Joshua P Friedman

    Contributor Level 14

    Answered . Pushpin LLC is just an unprofessional bully. Remember the best way to handle bullies - punch them back right in the nose. Talk to a consumer attorney or bankruptcy attorney to get them to stop harassing you.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

    Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be... more

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