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How to Get Credit Card Statements After a Bankruptcy Discharge

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  • 09-09-2016, 12:02 PM
    Chris Schwinn
    How to Get Credit Card Statements After a Bankruptcy Discharge
    My question involves bankruptcy in the state of: Oregon

    Hello,

    I received a bill from a collector for a charge from the County. It's for $2000! I paid this back in 2013 partly on one of my credit cards. I kept the receipts for 3 years, and threw them away recently, because it had been so long, and I had received no mail saying that there were any problems. I filed Chapter 7 in 2015. I just received the collector letter a few weeks back. I was able to obtain the checking account statement that shows that i paid $750. When I called up US Bank to obtain a copy of the credit statement(where the rest of this charge is), they road blocked me, and said that they will not provide me with one. Is this legal? I thought banks had to provided you with statements for tax purposes if you request them? They said that they wouldn't do it even if my BK attorney requested it in writing. This doesn't seem legal. Please tell me that it's not. Do I need to get an attorney to get a court supeana?
  • 09-09-2016, 12:24 PM
    adjusterjack
    Re: Credit Card Statements
    Sorry, it's legal. The bank has no obligation to provide any kind of service to you. I doubt if a subpoena would work because the bank's lawyers would just move to quash it as being improper.

    Is this a county tax bill? There might not be any statute of limitations on collecting back taxes or it might be more than 3 or 4 years. Check out your tax laws and find out.

    Can you not go on to your county website and look up your payment history?

    Your situation is a good argument for keeping personal and financial records forever. Cheap scanners and portable hard drives make it easy to keep all those records archived even if you dispose of the paper.
  • 09-09-2016, 12:27 PM
    jk
    Re: Credit Card Statements
    Have you offered to pay them to obtain a copy of whatever you are looking for?

    You are generally required to maintain your own records. While they may be required to provide a copy of your account statements if they would be seeking payment from you, since they aren't, there is generally no requirement they provide you with anything.

    A credit card account is not a bank account so there are different rules. It is basically a revolving loan agreement so it falls closer to a simple contract than a bank account

    But;

    is this debt something that would have been discharged in the bankruptcy? If so, whip out your bk and let them know your debts were absolved at that time.

    Btw; 3 years isn't a long time in terms of maintaining records.
  • 09-09-2016, 01:30 PM
    Chris Schwinn
    Re: Credit Card Statements
    Quote:

    Quoting jk
    View Post
    Have you offered to pay them to obtain a copy of whatever you are looking for?

    You are generally required to maintain your own records. While they may be required to provide a copy of your account statements if they would be seeking payment from you, since they aren't, there is generally no requirement they provide you with anything.

    A credit card account is not a bank account so there are different rules. It is basically a revolving loan agreement so it falls closer to a simple contract than a bank account

    But;

    is this debt something that would have been discharged in the bankruptcy? If so, whip out your bk and let them know your debts were absolved at that time.

    Btw; 3 years isn't a long time in terms of maintaining records.

    It's for restitution. I got in to some trouble about 4 years ago. They were very lenient on me, because this was my first time in any trouble. Part of my plea bargain was to pay a $1500 restitution charge. I went in front of the judge, took the plea, and went down stars that very day, and paid it with my debit card, and a credit card. I kept the receipts for 3 years. I waited until I was off of probation. I never received any letters from the County stating that I still owed this. Nothing in 3 years. After I was let off probation, I threw my court folder with most of this stuff away thinking that I was done. My thinking was, "They wouldn't take me off probation if I hadn't done EVERYTHING I was supposed to do...so I'm good." I get a letter from a debt collector a week ago with a charge account from Multnomah County stating that I have a $2000 debt. I call up my criminal attorney's firm from back then, and they look up the county's records and found that the debt is real. I still haven't called up Multnomah county. It will be my next step.

    My only proof at this time: I have the $750 charge on my statement from the bank. The other half is on the credit card, which is the problem...the financial institution is road blocking me. I need this statement. I will do whatever it takes to get it.

    I'm a single father. Single income household. This kind of debt would piss anybody off, but for us, this is a huge deal. I appreciate all of your help so far. If there's any action that I can take, please advise.

    Thanks
  • 09-09-2016, 02:42 PM
    jk
    Re: Credit Card Statements
    Ok, does it show you paid any of the restitution? If not then, at least, you can prove their records are in error. From that point I would explain what you have here along with reminding them their records are obviously in error as proven.

    as to being released from probation; was it a formal acknowledgment of your release? If so it would tend to strengthen your argument that you had paid your indebtedness as you are correct; they generally do not release you unless somebody has seen that you have fulfilled the requirements of your probation.
  • 09-09-2016, 02:54 PM
    Chris Schwinn
    Re: Credit Card Statements
    Thanks for your reply jk. There are no records of any payments made. I do have the one checking statement showing that I paid $750 to Multnomah County the same day that I took my plea bargain in front of the judge. So my story would definitely line up if they decided to believe me. I was hoping to be able to get the 2nd payment that I made that day as well though, since the 2 amounts would add up to the exact dollar amount of this restitution charge, and would be undeniable evidence. That second statement is my golden ticket. If I cannot obtain this second statement, I'm wondering if I'd be able to go in front of a judge to try to get this straightened out if the clerk won't work with me? I'm literally willing to do whatever it takes. You're right though. There was obviously an error somewhere. My bank statement will show that.
  • 09-09-2016, 04:04 PM
    adjusterjack
    Re: Credit Card Statements
    Quote:

    I'm literally willing to do whatever it takes.
    Good.

    Then I suggest you pay a personal visit to the Multnomah County court and have them pull the paper file for you. Don't rely on anybody else to do it and don't do it by phone. Get a complete copy of the case file as there may be some notes in there as to your payments.

    If that doesn't do it, see if there is a transcript of the proceedings that you can buy to see if there is any confirmation in court of you paying.
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