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Bankruptcy and online loans

Pensacola, FL |

I filed bankruptcy the end of 2012. I included all online loans. I received a call from a Karen Adams that said she was with Processing and Adjudication in Travis County Texas. She told me that they were going to send the warrant paperwork to Escambia County, FL (my residence) for felony charges: Larceny by electronic ACH and theft by check. She said that I had until today to pay the $555 to cover the "check" amount, or I would be served at my place of work, and would then have to also pay an additional $1232 for court costs and fees. Is this legitimate? She said the date I did this was 8/30/2012.

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Attorney answers 4


This does not sound legitimate at all. If a warrant is to be served, the Police or Sheriff does this. Paperwork for a warrant is not mailed for a criminal matter. If they attempt to sue you on a discharged debt, you might very well have some recourse. Keep record of all communication with this company and send along your discharge paperwork to them. If this does not get them off your back, speak to your bankruptcy attorney that you had from 2012 to discuss your options. Good luck in your matter.

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I am going to assume that your bankruptcy case has been discharged. Call your bankruptcy attorney immediately. If you were not represented by an attorney during your bankruptcy proceeding, then take ALL your bankruptcy documents and information in to a local (FL) attorney and ask them to review the circumstances to see if the junk yard dogs that have contacted you have a legitimate legal position, or if they are simply trying to frighten you into paying them for debts that were discharged in your bankruptcy. It is critical that you seek counsel now. Be prepared to pay the FL attorney for services rendered to review you already filed and discharged. Good Luck!


This does not sound like a legitimate call to me.


This is merely a scare tactic, and an illegal one at that because it violates your bankruptcy discharge as well as other laws designed to protect consumers including the Federal Debt Collection Practices Act ("FDCPA") and the Florida Consumer Collections Practices Act ("FCCPA"). You should be aware, however, that internet loan companies regularly use these extremely aggressive tactics to collect on accounts because of the way they operate; which is that they rarely provide physical addresses and/or are operating overseas or through Indian reservations, and the phone numbers that their collectors call from are often untraceable, thereby making it difficult to report them to law enforcement or sue them for violating the law. If you can get them to tell you which Internet loan company they are calling on behalf of, and if they are actually a legitimate business, you could sue the loan company for the conduct of their agent, as well as the agent, but otherwise the best advice I can give you is to let them know that you are aware that their tactics are illegal and you will report them to local authorities etc. The good news is that usually once they realize you aren't intimidated by their threats they will disappear. So long as you listed the debt in your bankruptcy and they did not file an objection, your debt is legally discharged and uncollectible.

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