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Is a payday loan a bad check??

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    Is a payday loan a bad check??

    I have a collection agent harassing me about a payday loan that I took out in May 2004. He just started contacting me via my email address last month. I informed him that I filed chapter 7 in Dec 04 and that my debts were discharged in March 05. I faxed him the paperwork as proof etc. He now claims that I have 2 other accounts in his office and that the debts can be discharged under chapter 7 but not the bad checks. He claims those debts are from bad checks. I never wrote any bad checks. I took out a payday loan that now he claims is 3 payday loans. I also thought that I paid off this loan so I asked him for names, account numbers, and amounts and he would not give them to me. What can I do and are payday loans or bad checks covered under chapter 7?? Any help would be appreciated. Thanks

    #2
    I dont understand the difference between the debt and the bad checks? Arent the debts the bad checks? I thought when you had a payday loan and didnt renew it they cashed your check unless you brought in cash so I dont understand what he means by bad checks not debts and by the way you filed BK 2 years ago...where has he been all this time?

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      #3
      He's as FOS as a Christmas turkey. A pyday loan is not a bad check. I responded to a thread sometime back that had a similar question. I'll try and find it later but, since both parties know the check is no good when you wrote it, the transaction becomes unsecured debt and can be included in bk. Send him a letter CRRR saying that the det was discharged in bk and you are instructing him not to contact you about this matter again.

      Check out my responce in Post number 8 in the following link.

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        #4
        Whatever you do, do not pay them a penny. That will renew the SOL on the whole deal and start that clock ticking from the present all over again.

        This happens to people who've filed BK every day. They get harrassed by Zombie Debt Collectors. People who buy up old debts for pennies on the dollar and then try to collect. They sometimes beat people down so they give in and pay just to get rid of them.

        If you give them one penny, you start a new Statute of Limitations clock ticking on that old debt. AND they very often report the payments to the CRA's looking like it's new debt you've incurred. That pings your Credit Scores as well.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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