What recourse do i have againstfinance company that keeps serving me with a subpoena on a debt that was discharged in banktrupcy

Asked almost 4 years ago - South Dartmouth, MA

debt was from the finance company that repo'd the truck. my attorney has sent them the docket # and so has the consable the served me. today i got a civil warrant. i'm sick of this harrassment what can i do?

Attorney answers (3)

  1. Jonas A Jacobson

    Contributor Level 13

    Answered . A discharge is a defense to a debt. If they have tried the case already, and lost, they cannot bring it again under a doctrine called "claim preclusion." There is a Federal Statute called the "Fair Debt Collection Practices Act" which may help you. Contact an attorney working in this area of the law.

  2. William J Mcleod

    Contributor Level 11

    Answered . You say your attorney informed them and they are still attempting to collect the debt? Something is breaking down in the communication chain. Not only might there be a violation of the Fair Debt Collection Practices Act, but there also might be a vioaltion of the discharge injunction you said was entered by the Bankruptcy Court. The only way to determine whether that is the case is to examine the petition and schedules to ensure that the claim arose prior to the petition date, and that the creditor/claim was listed on the petition. Speak to your attorney - if your attorney is not being responsie, find a new one.

    Good luck!

    Bill McLeod

  3. Dmitry Lev

    Contributor Level 7

    Answered . Not only should you consider all of the above, but you may also be entitled to damages (including reasonable attorneys fees) if this company was properly notified of the bankruptcy and yet are pursuing you in spite of your discharge. This could be a major violation of several federal laws.

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