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

Fairfield, CA |

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

Attorney Answers 4

Posted

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 advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

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Asker

Posted

Sir Thank you very much for the information. I have been searching for comments from others. Yes its was a business. Will check into litigation attorney. Thank you again. I have wrtten to the Attorney Generals offc and the FTC also regarding a complaint against this company. Thank you again Kathy

Posted

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.

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Posted

Thank you very much for answering my question.

Posted

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

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Posted

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 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

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