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Creditors and Bankruptcy/American Express
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Question
I filed Bankruptcy about 15 years ago. My credit now is excellent. One of my creditors was American Express. I do not remember the balance, but they were listed on my bankruptcy case and the debt was forgiven. Now I am getting harassing letters from a credit company saying I owe $25,000.00 Do I need to get the original bankruptcy files and send to them?
Hi Lynn:
You could do that if it's readily available. Have they reported to the credit bureaus? If they have, this is a MAJOR violation of the FDCPA. I mean MAJOR - enough that I believe you could fairly easily sue or threaten to sue and collect damages. You can get a free copy once a year at www.annualcreditreport.com.
You may want to simply put them on notice by sending a certified letter. Explain it was included in the bankruptcy and that they are violating federal laws. Tell them if they don't cease immediately you will sue for damages.
My guess is that will put a stop to it. If it doesn't, I would really consider quick legal action. Before you sue, it's best to give them an opportunity to fix it first and develop a paper trail. If they don't adhere, then sue.
If it's on your credit reports, that's another story. Dispute it with the credit bureaus AND send the letter to them. They get less rope in my mind if they made such a bold move as to put it on your reports. It's also LIKELY beyond the statute of limitations.
Good luck,
Regan
www.ficofighter.com
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA - University of Minnesota
Past/Present Clients
(private)
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