Jump to content

Sign in to follow this  
Tennessee Tee

Illegal Garnishments

Recommended Posts

I just got served by the local Sheriff's department a judgement notice on a debt that was discharged on my Ch. 7 filing from 2012. It is from a law firm so what do I need to do? Send a copy of the chapter 7 to the local sheriff's office and law firm? And can I counter sue on any grounds of this group trying to collect on this debt? Just looking for some guidance.




Share this post

Link to post
Share on other sites

Suing for attempting to collect a debt that has been discharged in bankruptcy in the sixth circuit is a hard way to go. There is no private right of action under section 524, (check with your BK lawyer to see if this is the correct section) Thus there is no right under the FDCPA because the "debt" is now part of the trustee's estate, not yours. Read this case; http://www2.kyeb.uscourts.gov/opin/wiseopin/11-02004 Frambes v. Nuvell.pdf You are in the 6th circuit.

Share this post

Link to post
Share on other sites

The sheriff's office won't care.  They are not there to litigate the matter.  They are given a document to serve and they served it.  They have NO interest one way or the other in the matter at hand. 


The Notice will include a Court that issued the Order.  That is the jurisdiction where you will send your appropriately drafted Motion to Quash, with a copy going to opposing counsel, consistent with the Rules for the jurisdiction.

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Today's Birthdays

    No users celebrating today.
  • Member Statistics

    • Total Members
    • Most Online

    Newest Member

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
  • Create New...

Important Information