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Tennessee Tee

Illegal Garnishments

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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.

 

v/r

TennesseeTee

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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.

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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.

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