I have questions!!! Please answer

[WRose]

What is the name of your state?What is the name of your state?Tennessee
I'm trying to take of some things and I need some answers.
1. What is the limit in Tennessee of the SOL?
2. A loan company has made a violation of the BK law, and possibly a violation of FCRA. They have pulled my credit report after discharge. Do I take care of each issue seperate or together?
It's the same company?
3. Can I take care of these issues myself or Do I need an attorney?
4. I heard, If a loan company pulls a credit report, after BK discharge,
the company can be fined $1000.00 that is paid to you, Is this true???
Since you do not have dealings with company any longer?
5. Does any one know the fines or punishment for a company THAT does violate the Bk law? Asking for the debt to be paid after the Bk discharge.
PLEASE HELP!!!

 

[Ladynred]

SOL in TN for credit cards and written contracts is 6 years.

However, if this was a debt included in bankruptcy as you say , the SOL means nothing. If the creditor is calling and harrassing you to pay on a discharged debt, they've got bigger problems than the state SOL. They are violating Federal law - attempting to collect on a discharged debt is a big no-no and they can be fined and sanctioned by the BK court if you have to take it that far.

If the creditor is pulling your reports on a discharged debt, you are correct, they have NO permissable purpose and that violation is $1000 per the FCRA - $1000 for each non-permissable pull !!

You do have 2 separate issues, though they are connected. Your discharge severs the 'relationship' between you and the creditor, making their pulls of your reports illegal. Unless they're going to offer you more credit - which is very unlikely- they have NO business pulling. FCRA violations.

The attempted collection in a discharged debt is the big stick you need to hit them with as it carries a LOT more weight and the penalties are greater.

What you need to do is send them a cease and desist letter. In this letter you remind them that your debt to them was included in your bankruptcy filed on xx/xx/xx, case # xxxxxx, discharged on xx/xx/xx. Remind them that per the Bankruptcy code Title 11, Section 524 (a)(2), collection on a discharged debt
is a violation of the permanent injunction of the bankruptcy discharge. You tell them that if they do not immediately cease and desist ALL collection actions, you will file a Motion for Contempt and Request for Sanctions against them with the bankrutpcy court.

Here's the relevant section of the BK code should you wish to include it:

Sec. 524. - Effect of discharge
(a) A discharge in a case under this title -
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived;

This really should stop them, the BK court can hit them pretty hard if it gets that far. You would actually have to petition to re-open your BK case in order to actually file the Motion for Contempt, but it probably won't go that far. Once they know that YOU know they breaking the law, they will probably stop.

I'd go ahead and dispute their non-permissalbe pulls of your reports with the credit bureaus. All you have to say is that the account was included in bankruptcy and you no longer have a business relationship with the creditor, nor have you applied for any credit with them. The dispute should get to them as well. If they don't stop, sue the SOB's. You can get the $1000 per violation PLUS you can get damages, especially if they're doing hard inquiries that can pull your score down.

Send the C&D and the disputes certified, RRR, and keep copies of everything.

How is this debt showing on your credit reports ??