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Calls from Debt Collectors, Collection Agencies, and Creditors After Bankruptcy Discharge — North Carolina Consumer Protection Lawyer


Filing a Chapter 7 petition for bankruptcy can be a difficult experience. The one primary benefit for you that offsets the frustration, embarrassment, and emotional strain from going through the process is the discharge; the “fresh start” that you obtain where creditors can no longer harass them with efforts to collect debt such as collection letters, constant phone calls, credit reports, and text messages. However, some creditors and collection agencies fail to abide by the Court’s order after a bankruptcy discharge and fail to provide the creditor with that fresh start. Fortunately, state and federal consumer rights laws protect individuals who have been granted a discharge of debt through bankruptcy. If you are being contacted by creditors or debt collectors after you’ve obtained a discharge in bankruptcy, contact the Raleigh consumer protection lawyers of Maginnis Law, PLLC at 919.526.0450, email us at info@maginnislaw.com, or submit a new case inquiry here.

The federal Fair Debt Collection Practices Act, or FDCPA, provides protection for you if you have obtained a bankruptcy discharge and are being contacted by collection agencies afterwords. Courts have found that sending a collection letter after a bankruptcy discharge is a false representation about the legal status of the debt because the debt is no longer owed.  North Carolina state laws such as the North Carolina Debt Collection Act and the North Carolina Collection Agency Act provide additional protections for debtors that exceed what the FDCPA provides.

In some cases the Fair Credit Reporting Act, or FCRA, also provides some protections for consumers whose credit report inaccurately references debts that have been discharged by bankruptcy. Creditors and consumer reporting agencies are not required to delete the tradeline reference on a person’s credit report but they must accurately report any information, including that the debt has been discharged.

Our firm has settled cases under the FDCPA and the FCRA for improper conduct after a bankruptcy discharge for confidential settlements that have reached six figures. We take these cases on a contingency basis, meaning no fees are owed unless we recover money for you.

If you continue to receive letters, phone calls, text messages or other communications from creditors or collection agencies after a bankruptcy discharge contact the North Carolina consumer protection attorneys at Maginnis Law, PLLC. Maginnis Law is a Raleigh civil litigation firm that handles cases throughout the Triangle, including Durham, Cary, Apex, Wake Forest, and Holly Springs. The firm will also handle select FDCPA, FCRA, North Carolina Debt Collection Act, and North Carolina Collection Agency Act cases throughout the state. Call the firm at 919.526.0450 to schedule a free consultation to discuss these discharge issues.

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