Legal Question in Bankruptcy in New York

Abstract of judgment

I need your consultation to help me solve my problem. I�ve been filed the Bankruptcy and discharged by Bankruptcy Court at April 21, 2001, now after almost 4 years, one of debtor want to collect money through the collector agency, and they called me at my work, now my boss knew about this, I probably will loss my job. They said that they got abstract of judgment from court at March 19, 2001. I don�t understand that how come judge never mention there is debtor against me when I�m in hearing, and they don�t have anybody in that hearing against me either. Can you give me some legal suggestion about this matter? What should I do? It really stresses me out for these couple days. My credit was already been gone bed, and I work for low income job; I really can�t pay them back. Thank you for your time, and I�ve been appreciated!


Asked on 1/10/05, 6:14 pm

2 Answers from Attorneys
Frank Loscalzo Law Office of Frank Loscalzo

Re: Abstract of judgment

Your debt was discharged in the bankruptcy, and the collection agency should not be trying to collect from you.

My suggestion is that you to to the website for the "National Association of Consumber Advocates". Use this website to find an attorney your area. Call the attorney and tell him that you believe you have an action under the "Fair Debt Collection Practices Act".

Good Luck

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Answered on 1/10/05, 7:44 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Abstract of judgment

First, you no longer must pay this debt if it was listed in your Chapter 7 bankruptcy petition. The debt was discharged in the bankruptcy.

The creditor or collection agency may not take ANY action to collect the debt. You have only to indicate the Bankruptcy (send the copy of the discharge or the docket number to the creditor. Even the location of the Federal Bankruptcy Court and the date of the filing should be enough).

After that, if they contact you or ANY ONE else, then you can sue them under the Federal 'Fair Debt Collection Act'.

I would be happy to help you with this problem by sending a letter to the creditor with the Bankruptcy information for no fee.

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Answered on 1/10/05, 9:24 pm


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