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  1. #1

    Default Post Discharge Billing from Collection Agency

    My question involves bankruptcy in the state of: NJ

    I filed for Chapter 7 in 2011 and received a discharge as of the end of the year. I have an auto loan for a car that I retained after the Chapter 7, and on which I have always made, and continue to make on-time payments. I did not receive any documentation from the finance company in regard to reaffirming the loan.

    Following the Chapter 7 discharge, I began to receive letters from what appears to be a third party collection agency, in regard to my auto loan. The letters I received instruct me to make my loan payments directly to this agency, and also reference that the monthly due date for payment has been moved 11 days earlier. The letters are very vague, but they do reference the name of the company that my loan is through, and provide a phone number to call with questions. However, when I have tried to call the number provided, it only goes to voice mail, and I will not leave a message for this agency with which I have not established a relationship.

    I have continued to make my loan payments to the original finance company, via EFT and on-time each month. Is there anything more that I should be doing to ensure that I do not fall into default?

    I wish to keep the vehicle, and I have every intention of paying off this loan. Incidentally, when I checked my credit report after the Chapter 7 discharge, this loan is referenced as having been included in the discharge. Since I continue to make voluntary payments, my understanding is that I will keep the vehicle and receive the title upon payoff of the loan, as I would have had there been no Chapter 7.

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Post Discharge Billing from Collection Agency

    Your lender can designate an agent to collect payments from you. If you are not sure if their agent is authorized, contact the lender and ask. Sending your payments to the wrong recipient can cause problems.

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