Collection Efforts on Debts Discharged in Bankruptcy by My Wisconsin Attorney
What happens when a creditor tries to collect on a debt that was discharged in bankruptcy? If the debt that the creditor is attempting to collect was in fact discharged in bankruptcy, federal laws prohibit creditors from filing a lawsuit, sending you collection letters, calling you, withholding funds, or threatening to file a compliant against you. If you have been subject to this type of harassment, don’t hesitate to hire an attorney – in some cases, the court will even order the creditor to pay your attorney’s fees. In the alternative, you should immediately respond to this creditor, via letter, detailing the collection attempt, your case number, discharge date (include a copy of the discharge order), and note the fact that the creditor is violating federal laws with their collection attempts. However, if the harassment continues, consider hiring an attorney to sue the creditor on your behalf.