Payday loan company attempting to sue me for bank fraud on closed account after i filled for bankruptcy..what do i do?

Asked over 4 years ago - Santa Ana, CA

I took out a payday loan exactly one year ago. I filled for bankruptcy- no lawyer. I included my payday loan amount. Last day to ammend it is today. I closed my bank account- i had no $. Ystday, I received a call from an attorney representing Payday Co. claiming they will attempt to bring bank fraud charges against me. That if didnt inlcude my closed checking account number when i filed bkrtcy then im not covered and they will go after me for bank fraud. They stated that i could pay the bad check amount but bcs the sum they want is a lump sum, then i would end liable for all payday loan regardless if i included it when i filed for bkrtcy. How can i help myself?..It was stupid of me not to have hired a lawyer wheni filed..i had no $ though.

Attorney answers (4)

  1. Norma Nodal Duenas

    Contributor Level 12

    Answered . First the attorney that is contacting you to collect on the debt should not be calling you. They are violating the law by contacting you about a debt when there is a bankruptcy case pending. Unless the court has granted a motion to lift stay then the contact by the creditor violated the stay.When you file a bankruptcy case there is an automatic stay that is put in place that prevents creditors from contacting you to collect on the debt. The creditors recourse is to file an adversary proceeding for fraud in the bankruptcy case if they think they have a valid claim. You can seek sanctions against this creditor for calling you in an attempt to collect on a debt when a bankruptcy case was pending.

    Not clear what they are stating about your bank account number being included. It sounds to me like a threat they are using simply to get you to pay the loan. You should consult with a local bankruptcy attorney about this creditor. They are obviously in violation of the law and could be sanctioned by the court for contacting you about this debt. You may be able to collect damages for willful violation of the stay.

  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . Even if you cannot afford a lawyer, you can contact the nearby legal services organization for free legal assistance with this, so that you can show them the documents and get advice on your specific concern. Alternatively, the local bar association has a lawyer's referral service and for $30 to $50 you can get a consultation referral and review everything with a lawyer for half an hour or so, and get good advice on how to proceed.

    This seems to me as though it is a violation of the automatic stay by the bankruptcy proceeding, as they are trying to get you to pay this debt and using fraud as their wedge to make you agree to it. Before you do anything, please consult a lawyer. Also, you ultimately may need to refer this harassing contact to the Bankruptcy Trustee, because they can come down on lawyers and debt collectors who illegally play games and try to work around your bankruptcy with veiled threats and intimidation.

  3. Charles Ross Smith III

    Contributor Level 16

    Answered . I agree with Mr Leibowitc, but I would be more emphatic. Sue the illegitimate sons of canines. They owe you money for violations of the Bankruptcy Court's Discharge and the Fair Debt Collection Practices Act. I seriously doubt that it was an attorney who called you. Everything else he told you was a lie. So I suspect he also lied about being an attorney. Believe it or not, attorneys try not to lie.

    WRITE DOWN EXACTLY WHAT HAPPENED AND WHEN. Also write down the reaction of your spouse and family to this call. Then go see a knowledgeable attorney and sue them.

  4. David Leibowitz

    Pro

    Contributor Level 12

    Answered . This sounds to me to be a violation of the discharge injunction. It may also be a violation of the Fair Debt Collection Practices Act. So call a local lawyer and stand up for your rights.

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