Legal Question in Bankruptcy in Mississippi

collection of debt on reaffirmed home loan

once the bankrupty is filed and debt is discharged, is it legal for the creditor to call each month on the due date and before the payment is even late??? i have asked them not to call me at work and they continually do so before the payment is even late.

Asked on 9/23/03, 10:48 pm

1 Answer from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: collection of debt on reaffirmed home loan

No creditor should contact you if they are listed on your Bankruptcy petition. Notify your lawyer immediately.

If the creditor that is harassing you is not on the bankruptcy or you have reaffirmed, then the Fair Debt Collection Practices Act would apply. Under FDCPA, you can write the creditor a letter informing them that they are not to contact you at work, and they have to comply or face a lawsuit for violating the FDCPA. Don't think you'll get rich though, the max penalty is $1000.

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Answered on 9/24/03, 7:08 am

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