just got discharge letter but now a collection agency is calling

[skrewler]

A few days ago I got my discharge letter for my chapter 7.

I thought it was all over and done with.

Then I get a letter from "RJM Acquisitions" saying I have an overdrawn checking account from 2004. I didn't know about this, and am frankly not even sure that it's even me, but they have my SS# correct.

What can I do? This account wasn't on my credit report and wasn't one of the accounts I filed for chapter 7 with.

[skrewler]

also forgot to add: today I'm living in CA but in 2004 I was living in NH.

even if this wasn't covered in my BK, isn't it way past the SOL?

[frogger]

Anything that could have been discharged in 7 was discharged. Tell them to pound sand.

[potsie834]

You probably have nothing to worry about. Besides, if it has been that long ago, the statute of limitation on that debt probably expired and you would not owe the debt anyway. Whatever you do, NEVER ADMIT TO THE DEBT, because it could start the statute of limitation all over again. Besides, I think Frogger answered it best.

[WhatMoney]

Whatever you do, NEVER ADMIT TO THE DEBT, because it could start the statute of limitation all over again.

I do not know of any State where simply admitting to a debt over the telephone can reset the SOL. This "never admit" advice is all over the Internet, but that does not make it true. If anyone can quote a State Statute on SOL that resets the debt just by admitting it is yours in a phone call, please come forward. I will not hold my breath waiting.

To reset the SOL you normally need to agree to a payment plan and/or make payment arrangements, such as giving them your checking account number or actually paying them with a signed check. In some States, the ONLY way to reset the SOL is through a signed repayment agreement - not on the phone - but a new signed agreement on paper with your signature.

If you need to prove your debt is beyond the SOL in court as a defense, you will need to show it is your debt by proving the initial date of default. So you cannot use an SOL defense in court without admitting it is your debt. The court cannot deny your affirmative defense of an out-of statute debt just because you admitted and proved it was yours.

[StartingOver08]

Send RJM a letter with a copy of your BK discharge. Tell them they can not resell this debt or any other debt of yours and if they continue to collect, you will have your attorney go after them for sanctions.

Write a strong letter so they know to leave you alone. Then if they continue to collect - I would go after them in a heartbeat for sanctions. Use the $$ to build up your post BK savings!