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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 03-05-2001, 03:38 PM
jazzizz
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hi everyone,

your advice is very much appreciated!

i'm from california

recently my dad received a payment demand from this collection agency who "bought" the account from my ex-creditor.

however, this particular account belonged to me and has been discharged in a bankruptcy proceeding a year ago. what's disturbing is that they even got my dad's ss#. at 81 years old, my dad is physically and mentally weak and is very upset about all this. by the way, we're living at the same address.

first, is this legal? what steps should i take to help my dad?

second, can i demand them to stop contacting us?

third, what are my and my dad's rights, especially my dad's.

finally, what are the ultimate consequences for my dad?

thanks for your advice
  #2  
Old 03-05-2001, 07:39 PM
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Join Date: Jan 2001
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The first thing to do is to tell the collection agency not to contact you or your father again. The best method is by certified letter, return receipt requested. Then contact the original creditor and tell them to stop the collection action immediately or you will turn them into the state attorney generals office for unauthorized debt collection. Then contact the state attorney generals office and turn in the collection agency for unethical collection practices. It is illegal to contact anyone but the original debtor about any debt, they cannot call other family members or your employer. The collection agency obtained the info about your father by running a credit check on everyone living at your address. It doesn't sound fair that they can do that but it is legal. Good luck.
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  #3  
Old 03-06-2001, 03:38 PM
jazzizz
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Thanks


Thanks! I'll do just that.
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