Legal Question in Credit and Debt Law in Nevada
summons
I have revceived a summons for a credit card debt but I filed a bankrutcy (Chapter 7) and included this debt in the bankruptcy. The issue is: Is a collection agency in violation of federal law by contacting a debtor after the debtor has filed bankruptcy to vacate the debt?
2 Answers from Attorneys
Re: summons
You must timely file, and properly serve, a responsive pleading (either an Answer or a Motion to Dismiss), and be prepared to show proper proof of the discharge in bankruptcy defense; otherwise, the defense is waived (lost), and you could lose your money or property as a result of the Summons (lawsuit).
Your attorney can explain further.
Re: summons
Yes he is in violation. I disagree with Mr. Malikowski as to what to do. I would send a copy of the discharge the to the Plaintiff and state that if he does not dismiss the case, you will go after him in bankruptcy.
The problem is that you have not been greatly damaged by the violation of the bankruptcy law so no lawyer will want the case for less than $1000
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