After 14 years and a bankruptcy discharge, can a creditor now take me to court?
Question Details:Back in 1996 I filed bankruptcy, mostly credit card debt. Now nearly 14 years later one of my old creditors has hired a collection company and they have filed a civil action against me at my local district court. Can they do this? I have never heard from any of the other debtors and have since shredded all papers relating to my case. It just seems too long of a time lapse to start coming after me again. I did notify the court of my intention to defend just wondering if I should hire a lawyer to represent me and counterclaim, and if not how to prepare for my court appearance.
If what you're saying is correct, it is a clear violation of the discharge injunction. You absolutely should call me or e-mail me ASAP.
Once a debt is discharged in bankruptcy the creditor is not permitted to continue to come after you for payment. Moreover, the statute of limitations a contract is 6 years at the very most in most states. If the creditor is just now filing suit the case is likely barred by the statute of limitations and you have a complete defense. You may also have a claim against the creditor for violating a court order by coming after you despite the discharge. I suggest that show the lawsuit to a lawyer immediately as you do not want to get a judgment enter against you. Most lawyers will meet with you for free the first time. Before seeing a lawyer however, I suggest you first send a copy of the bankruptcy order to the creditor and see what happens.
Top Ranking Attorneys
- Hong Shen 210 Answers | Points 4800 Gold Contributor
- Joseph Gasparrini 46 Answers | Points 2200 Bronze Contributor
- Kelly Broadbent 81 Answers | Points 2000 Silver Contributor
- Russ Pietryga 79 Answers | Points 2000 Silver Contributor
- Shawn Jackson 17 Answers | Points 850 Bronze Contributor
- Glenn M. Lyon, Esq. 27 Answers | Points 830 Bronze Contributor
- Hong Shen 210 Answers | Points 10500 Gold Contributor
- Kelly Broadbent 81 Answers | Points 4000 Silver Contributor
- Russ Pietryga 79 Answers | Points 3900 Silver Contributor
- Sharon Siegel 62 Answers | Points 3090 Bronze Contributor
- Michael D. Siegel 56 Answers | Points 2750 Bronze Contributor
- Paula McGill 50 Answers | Points 2500 Bronze Contributor
 |