Pay Day Loan collections after bankruptcy

[moneytrouble]

The attorney fees are paid by the creditor when they lose. Sounds like your attorney is quoting a high price because he does not feel like getting involved, many attorney's do this.

check out a different attorney. Maybe a NACA.net attorney.

Thanks. I noticed that all of the sites that are posting about this collection company are very recent, so my guess is the loan or collection company is in trouble with this bad economy and has decided to go after old bad debts now. It may just be extremely aggressive collections and they are not really pursuing legal matters against me. Still very troubling and depressing being harassed the same way I was before filing bankruptcy.

[StartingOver08]

The attorney fees are paid by the creditor when they lose. Sounds like your attorney is quoting a high price because he does not feel like getting involved, many attorney's do this.

check out a different attorney. Maybe a NACA.net attorney.

[moneytrouble]

I spoke with my lawyer about the pay day loan and NSF. Has to look into it to make sure this is not part of the bad check laws in my state. I will update as soon as I find out. As for taking creditors to court for harassing me after bankruptcy, it costs about $5000, no not $500, $5000 to sue them for the harassment. I am not sure how people are going after creditors with this price quoted to me. I can not imagine me if I call the court, they will do anything against the company for free, as they are swamped in my state. I tried looking up the collection company/law firm up on the Net, but there is no specific address, just some addresses people on sites posted they think is the address for the company. I am not going to send my legal papers to possible addresses.

[moneytrouble]

You gotta fix the problems that created the bk.
If it's income, you need a better job or, some pt time/weekend work. And yes,

Yes. I am working two jobs. I am not complaining about money, but the harassing phone calls after discharge, not getting credit even with an increase in my income, and problems foreclosing on my home that is worth 40% less than what I paid for it. They started foreclosure after 4 months last year, but this year they have not started, and it has been almost 9 months now. I spoke with my lawyer and to take a creditor to court for harassing me after bankruptcy costs about $5000.

[Bandit]

I learned long ago not to make other peoples problems my problems..

That is very clear which expalins why you cant grasp other people who are below your status quo.. You do not have to make them your problems and it appears that until it becomes your problems you will never even try to understand what someone else goes through. If you think it is so easy for people to get a job right now, then give up your job for someone else, then go hunt for one and then you will know and fully understand how messed up the sermon is. I have seen you post that same sermon forever telling us we have bad attitudes and you aren't paying attention to other peoples reality when you do it. Why?

If we were still in your exact shoes 4 years ago with the economy as it were, then you might have a case but things aren't the same as it was for you then and you just might find out that delivering pizza is all you can do while moving into a roach motel even after your BK. You - Below status quo.

I'm just saying, just because your debts are discharged in bk does not mean you automatically grow and prosper. You have to put some effort into that part. If you're unwilling to it and are content with the status quo then, very likely you are the one that will end up in bk a second time.

I could not agree more for those who are able, but at the same time I know there are people who CAN'T grow and prosper because life has not allowed it. Not everyone has 1,000 dollars extra laying around every two months to get health insurance that would allow them to not become bankrupt again when you need hundreds of thousands of dollars in tests and 5 surgeries a year for the past 5 years. Some people cant even get health insurance because they are so bad off with infirmity that they also can't work or get hired. Even if you are above the status quo, (lucky you) and there are a lot of them have passed through here, they could still end up bk again. Wasn't that Ed McMahons who was far far far above the status quo?, who preached the same stuff you do? Wasn't Ed the face of extreme wealth, massive home and perfection? Not everyone gets Donald Trump running to your rescue so you don't have to foreclose and file BK. Nothing wrong with expecting the best for your efforts and counting your blessings. Nothing wrong with hope and doing your best, but there is also nothing wrong with considering others who don't all get the same cards that those above status quo get.

[keepmine]

Maybe you should also get a reality check & an attitude adjustment. You keep preaching this (your own personal life) & yet fail to realize that not everyones reality is the same as your reality. It does not provide a fresh start for everyone and some peoples problems can NEVER be fixed, so stop whining that it does. Just because your life is great & smooth & perfecto, it does not mean it always will be exempt from finding yourself back into another BK. UNless of course you are magic wizards from Disneyland! If you would look around at what others go thru and not just your own self, you would know that & then maybe stop preaching your own reality as everyone elses.

I learned long ago not to make other peoples problems my problems.
I'm just saying, just because your debts are discharged in bk does not mean you automatically grow and prosper. You have to put some effort into that part. If you're unwilling to it and are content with the status quo then, very likely you are the one that will end up in bk a second time.

[Bandit]

A couple of you guys really need an attitude adjustment coupled with a reality check.
I've posted more than a few times that bk is a 2 step process. and the filing part is the easy part.
What comes next is tough. You gotta fix the problems that created the bk.
If it's income, you need a better job or, some pt time/weekend work. And yes, I'm aware we are in a deep recession but, you can't let that discourage you. Get out there and start the application process. You only need one person to say yes.
To me, the status quo is just not acceptable. I'm within a few months of the 4 year mark of my filing. Post discharge, I got a better job {benefits wise} and then a few months later got a job working overnight a few nights a week for a major retailer. Yes, I'm damned tired a lot but, my income is up 40% from when I filed. We all need a realistic budget and should cut corners and so forth and so on but, you're going to find that will only take you so far. Unless you can actually raise your income you'll find that inflation will carry you right out the door.
Bottom line, stop whining about bk not being a fresh start. It is a fresh start if you take some initiative.

Maybe you should also get a reality check & an attitude adjustment. You keep preaching this (your own personal life) & yet fail to realize that not everyones reality is the same as your reality. It does not provide a fresh start for everyone and some peoples problems can NEVER be fixed, so stop whining that it does. Just because your life is great & smooth & perfecto, it does not mean it always will be exempt from finding yourself back into another BK. UNless of course you are magic wizards from Disneyland! If you would look around at what others go thru and not just your own self, you would know that & then maybe stop preaching your own reality as everyone elses.

[Bandit]

I will have to agree with the quote, it is not a accurate term.. It is a second chance to rebuild your credit. But I am still suffering after BK to get caught up on all my bills.

there are people that BK does absolutley nothing to help even if they were to file and some of those people are on this forum and they know it will not help them. Very sad situations, especially those who are denied health insurance because they have so many medical problems.

[Bandit]

Here is the definition of Fresh Start as listed in the glossary @ US Courts . Anyone who wants to argue that BK doesn't provide a fresh start. is a marketing term or not accurate should read the Court's definition.

If you don't want to go to the link here it is:

The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)

if they are going to claim it is the charcterization of a debtors status after the BK, then they need to include everything in the definition and not just the debt, for example, car insurance and other insurance going up in this fresh start, not being able to get a job in certain fields in this fresh start, paying 35% interest on a car loan in this fresh start, having people look down at you for the next 10 years in this fresh start, Reestablishing credit for 8 years in the fresh start, a lousy credit score which is a big deal today, some people still come out owing tens of thousands of dollars on non-discharged things like school loans... and a host of other things they conveniently left out of the definition.

I have always disagreed with that term, but if it makes people feel better to use it then good for them.

[Bell30656]

In Michigan where the OP lives the warrant for the check is not sworn out by having to convince the police and/or district attorney. To swear out a warrant for a NSF ("Bad") check one must only prove to the magistrate judge that (A) the check was dishonored by the bank. (B) That a notice was sent to the writer giving him/her a chance to redeem it plus fees.

Here's a real interesting fact about magistrate judges in Michigan and not surprisingly in Georgia (my home) as well... The only educational requirement for a magistrate judge is a high school diploma or GED! Yes, Bubba can get elected magistrate judge and doesn't have to have any type of law degree.

At this point, in the OP's shoes, I believe that I would insist that the caller identify themselves, the company and explain how they have any right to attempt to collect the NSF check. They required you to identify yourself, require them to do the same. I would also inform them that you are recording the calls as an earlier poster suggested.

Only the OC can swear out any type of warrant NOT a JDB or CA. Be sure to explain to your lawyer that they are trying to collect the NSF check rather than the discharged debt. He may refer you to a criminal lawyer at that point. Is the payday loan company in Michigan or over the internet? Did they actually present a check(s) to your bank that was dishonored? Have they sent you a certified, return receipt letter as required by the MSA 27A.2952?

[OhioFiler]

I will have to agree with the quote, it is not a accurate term.. It is a second chance to rebuild your credit. But I am still suffering after BK to get caught up on all my bills.

I would love for you to expound on this post.

[keepmine]

A couple of you guys really need an attitude adjustment coupled with a reality check.
I've posted more than a few times that bk is a 2 step process. and the filing part is the easy part.
What comes next is tough. You gotta fix the problems that created the bk.
If it's income, you need a better job or, some pt time/weekend work. And yes, I'm aware we are in a deep recession but, you can't let that discourage you. Get out there and start the application process. You only need one person to say yes.
To me, the status quo is just not acceptable. I'm within a few months of the 4 year mark of my filing. Post discharge, I got a better job {benefits wise} and then a few months later got a job working overnight a few nights a week for a major retailer. Yes, I'm damned tired a lot but, my income is up 40% from when I filed. We all need a realistic budget and should cut corners and so forth and so on but, you're going to find that will only take you so far. Unless you can actually raise your income you'll find that inflation will carry you right out the door.
Bottom line, stop whining about bk not being a fresh start. It is a fresh start if you take some initiative.

[walkthaplank]

You can get the corp info about the company online. Send a copy of your discharge cert mail return receipt. Notify them that they are in violation of the BK court permanent injunction and the next step is to bring this matter up with the BK judge who issued the permanent injunction and that you will ask for damages. Also notify them that you are filing a complaint with your state's AG office as well as the AG in their home state.

You need to be aggressive with these people. Ultimately (and they know this) your payday loan secured with a check is nothing more than a civil matter that has been dealt with under US BK code. *IF* they try to make it a criminal matter that is exactly what the police or DA will tell them.

Any phone call starts with you saying that you are recording the phone call (even if you aren't). Next you advise them (on the recording) that they are in violation of the permanent injunction issued by US BK court for (whatever district issued it) and tell them everything above and not to contact you again. If they try to talk over you, talk right over them as you are beyond the point of being polite. BTW, your lawyer should be doing this, he should be licking his lips for the opportunity to grab some free money off of these guys.

[moneytrouble]

Well, who are these scumbags? Tell them you need to know heir names. Then google.

Yep. Some people equal Pay Day loan companies to the mob or neighborhood loan sharks.

[AshShep01]

It could just be that the right people from payday did not get the notice of BK or the discharge. It is possible the wrong address was applied or they never got the letter.

Did you ask them?

I must have missed the bad check part somewhere, what does that have to do with this.




I must agree. It is not the fresh start people brag about. That is just a term that people use to feel good about it and generate business, not a bad term, but not an accurate term. BK is a second chance to rebuild and try to do things better, but it is far from what I call a fresh start or anything fresh.

I will have to agree with the quote, it is not a accurate term.. It is a second chance to rebuild your credit. But I am still suffering after BK to get caught up on all my bills.