East Saint Louis, IL asked in Bankruptcy and Civil Litigation for Missouri

Q: I just found out I'm being sued by a third party debt collector on a debt discharged in 2016. What are my options?

It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?

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1 Lawyer Answer
David Reese Fondren
David Reese Fondren
  • St. Charles, MO
  • Licensed in Missouri

A: You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor should voluntarily dismiss their case upon verification. If you did list this creditor, you can ask for attorney fees for doing all of this. If you did not list the creditor, you probably cannot, unless you can prove they had "actual" knowledge of your bankruptcy. If you failed to list this creditor, then you have other issues not covered by your question and should call a bankruptcy attorney.

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