After claiming BANKRUPTCY Can an old Creditor JAIL ME?

After claiming BANKRUPTCY Can an old Creditor JAIL ME?

Postby emek » Thu Dec 29, 2011 11:01 pm

After racking up quite a bit of debt and a divorce a friend of mine claimed bankruptcy. He used an attorney and listed all debts. There is now one that is threatining him with jail. He purchased a Motorcycle through a bike shop and had it financed through a revolving account. The bike got totaled and he sold it off for scrap. This was about 2 years before he filed for the BK and the account had gone through and been sent to collections ETC. The BK was finalized about 9 months ago and he now has this collection firm after him. Unless he "surrenders the bike" the claim they can and will request a warrant for arrest for theft?. These people have called and even shown up at his mother and ex-wifes house sometimes pretending to be a law enforcement agent. His BK attorney is not available till monday but the company has told him if no bike is presented by friday they will contact the police. It was not an auto loan it was a revolvig credit account and the collection agent was listed as a company he owed money to in the BK file.
He is freakn out ca they do that after a BK is finalized?
emek
 
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After claiming BANKRUPTCY Can an old Creditor JAIL ME?

Postby byron92 » Thu Dec 29, 2011 11:03 pm

Your friend has the law on his side. Even though he might still owe the money if it was not listed in his bankruptcy, the debt collector is using illegal tactics. According to the Fair Debt Collections Practices Act it is illegal for a debt collector to impersonate a law enforcement agent or to threaten arrest or jail. The simple act of getting these crimes documented or on tape should be sufficient to file suit against the collector and have the debt dismissed.
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After claiming BANKRUPTCY Can an old Creditor JAIL ME?

Postby melville » Thu Dec 29, 2011 11:06 pm

Did not read your whole post, but a creditor can't jail you - period. We do not have debtors' prison in the US.
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