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Can a debt collector try to collect on a debt that was discharged?

Author

Sophia Koch

Updated on January 22, 2026

updated OCT 25, 2017. Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court. If a debt collector calls and you have filed for bankruptcy, tell the debt collector.

Is there Statute of limitations for third party debt collectors?

Third-party debt collectors must adhere to the same laws as original creditors. However, certain things you do may extend the statute of limitations, giving debt collectors more time to sue. State statutes of limitation for debt collection are organized by the type of debt.

When does a creditor turn a debt over to a third party?

When a creditor is unable to collect a debt, it turns the debt over to internal collections staff or a third-party debt collector. If the creditor charges off the debt, it often sells it to a third-party collector.

Can a debt collector call after you file bankruptcy?

Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court. If a debt collector calls and you have filed for bankruptcy, tell the debt collector. You should also be sure the debt is in your list of debts and creditors filed with the bankruptcy court.

Can a debt collector leave a response with a third party?

The District Court held that “ [n]othing [in § 1692b] permits the debt collector to leave a response with the third party that will induce the debtor to call him back.” Id. at *2.

Can a third party collection agency Sue You?

Thomas Brock is a well-rounded financial professional, with over 20 years of experience in investments, corporate finance, and accounting. Many people think they have no obligation to pay a third-party collection agency. After all, it’s not the original company you created the debt with.