On behalf of our client, Lemberg & Associates recently filed a complaint in the U.S. District Court, Central District of California, against Bankruptcy Receivables Management.
Our client alleges that Bankruptcy Receivables Management contacted him about a debt that was discharged in bankruptcy in November 2009 and was no longer valid. Our client told Bankruptcy Receivables Management that the debt was discharged in bankruptcy, but the collector continued to try and collect the debt. Bankruptcy Receivables Management said that they would file a lawsuit against our client that included interest and fees.
The lawsuit charges that Bankruptcy Receivables Management violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening to take legal action without actually intending to do so; by using unfair and unconscionable means to collect a debt; by misrepresenting the character, amount, and legal status of a debt; and by employing false and deceptive means to collect a debt. The lawsuit also charges that Bankruptcy Receivables Management violated the Rosenthal Fair Debt Collection Practices Act.