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bankruptcy question ????

ok my husband filed bankruptcy back in the 90's before we met and now in the last couple months a collection agency has been calling about a kay jewlers account that he thought had been taken care of in the bankruptcy it has been 15 years since he has heard anything about this what should we do ? they are driving me crazy calling and saying well can you take care of this debt for him today ? ummm... no I work like 8 hours a week for 7.50 an hour I can't take care of 1700.00 of debt that is questionable

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msh88

Asked by msh88 at 5:15 PM on Jan. 28, 2011 in Money & Work

Level 13 (1,327 Credits)
Answers (6)
  • Have him look at his bankruptcy papers to see if it was included and then the next time they call get their fax number and send them a copy. Once something has been on a discharged bankruptcy, they cannot collect on it.
    tyfry7496

    Answer by tyfry7496 at 5:18 PM on Jan. 28, 2011

  • DH needs to look at the papers to see if Kay's was included on the list of debtors. If they were, they can take a hike! If not, you can contact the attorney used for the bankruptcy and have it added to the bankruptcy, provided you can prove the debt occured before the bankruptcy was filed. There may be a small fee. But, it can be done. What has most likely happened is collection agencies BUY old debts from businesses. Then, they try all measures to get the money from you or your family. DON'T pay them a dime or make ANY agreements until you've checked with the attorney.
    specialwingz

    Answer by specialwingz at 5:22 PM on Jan. 28, 2011

  • Make sure that it was added on his BK if it is when they call. LEt them know its illegal for them to contact you about a debt that has been written off and if they call again you will be contacting an lawyer.

    Rules of BK if you file and the person is added and they continue to contact you its harassment and you can sue
    Claudiomom

    Answer by Claudiomom at 5:35 PM on Jan. 28, 2011

  • I agree with the others. Check to see if it was part of the bankruptcy. When we filed several years ago, the only things that were part of the bankruptcy were credit cards. Mortgage, car payments, student loans, and debt owed to stores was not included in ours.
    Anonymous

    Answer by Anonymous at 5:42 PM on Jan. 28, 2011

  • Yes, check it out carefully. There are a lot of scammers out there who pretend to be collectors. Be careful, but definitely look into it.
    elizabr

    Answer by elizabr at 7:31 PM on Jan. 28, 2011

  • Yikes! The other posters are correct he is going to have to dig through his papers and make sure that he included that debt in the BK. Also unless your name is on the debt, they shouldn't be talking to you about it. Look up your states law on what they can and cannot do. If they violate it, you could use that information to turn around and sue them. Usually they'll work something out if their company violates federal or state law.

    Good luck!
    Erica_Smerica

    Answer by Erica_Smerica at 11:58 PM on Jan. 28, 2011

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