Another question (Collection and attorney)

[Xar77]

i have an older account that Got into collections and now is being handled by (as far as I know) an attorney's office. I got a call a month ago regarding this account saying the usual. I have to pay this amount right now or they send me to court. so I set up 2 payments, (This was before planning bankruptcy). The first check already went through. The second was POST-DATED for about 2 weeks ago and I got a call yesterday stating that the check had a problem (Totally bank error... not NSF or anything like that). He wants to run it again and said he's going to.

My question is... If I file bankruptcy in the next few days or next monday or tuesday, can this check be stopped??? Or can I tell him to not process the check since I'm filing for bankruptcy?

I'm going to speak with my attorney later today about this but thought I'd get an opinion from you all.

P.S. the amount is $173.55 so it's not a BIG BIG payment... just something I'd rather not have to pay.

[Flaminblonde]

Not a guru...but I would suggest that if you are filing...that you just pay the fee (it's 25 here) to do a stop payment. Even if you don't have a check number, you can do a stop payment for that amount. So anytime that certain amount tries to post it won't clear. They don't care and aren't giving you back your money.

If they deposit it after it's filed, then they have to return the money back to you if your case is pro se. If there are assets, they have to surrender the money to the trustee. This is from what I was told by my lawyer.

Hope this helps.