Pay Day Loan collections after bankruptcy

[moneytrouble]

I doubt they would spend that much money to try to recover a small loan.
I used to worry myself to death about collectors, but I found out my rights and exercised them.

I know I am being dramatic and worrying too much about all of these post-discharge collections, but still, it's frustrating. Especially when they have already called family members and my work previously. I read on one of those whatsthisnumber.com sites, that some of these collection agencies contact people 3.5 years later. I sure hope they are not contacting family members 3 years after getting my finances straight making it look like I am still in financial distress.
Thanks for info everyone!!!

[lafrteacher]

I live in MI. The lawyer stated as long as it is listed on my bankruptcy I still owe them nothing. Although, there is nothing from stopping them actually filing a civil claim and forcing me to go to court. It is their legal right. Let's hope no more companies go after me. This is utterly depressing continuing to be harassed after discharge. I was hoping not to have my name in the public court system ever again after bankruptcy, but if these companies all file civil claims, I guess it will be. Chapter 7 is not the fresh start lawyers advertise. I have a whole other post about being denied credit as another downfall after bankruptcy discharge.

I doubt they would spend that much money to try to recover a small loan. Secondly, all you would have to do is bring the documents to the judge proving it was discharged, if it ever even made it that far. Thirdly, you can counter-sue for the violations mentioned above. It's called Bankruptcy Protection for a reason.

Don't let them intimidate you! Know your rights, and let them know you won't be bullied! Also, tell them you're recording their calls. That usually works. You don't even have to talk to them, you know. And, if they actually send you something in writing, you've got the proof you need to go after THEM.

I used to worry myself to death about collectors, but I found out my rights and exercised them.

[moneytrouble]

I live in MI. The lawyer stated as long as it is listed on my bankruptcy I still owe them nothing. Although, there is nothing from stopping them actually filing a civil claim and forcing me to go to court. It is their legal right. Let's hope no more companies go after me. This is utterly depressing continuing to be harassed after discharge. I was hoping not to have my name in the public court system ever again after bankruptcy, but if these companies all file civil claims, I guess it will be. Chapter 7 is not the fresh start lawyers advertise. I have a whole other post about being denied credit as another downfall after bankruptcy discharge. I know people will argue that it is, but I am just providing my experiences for someone who may have the same issues.

[StartingOver08]

moneytrouble, you are in much better shape than you think you are. Not only is the payday loan company violating the FDCPA, they are violating the discharge injunction which is a violation of the bankruptcy code.

Good for you. You can take this to your attorney and both of the violating creditors would owe you money for sanctions. We are not talking about $1000 here - you could collect big money for these violations. Document all of the contacts from the creditors.
Look at this link: http://www.************************/...reen-part-iii/

Look at this case against Capital One from a Trustee for violations of the discharge order: http://www.usdoj.gov/ust/eo/public_a..._complaint.pdf

Hey, use these funds to get a true fresh start! NONE of these creditors will back off unless you force their hand. They push us around, we need to push back.

[lafrteacher]

From what I understand, discharged is discharged. If you listed them as a debt, then they are in violation by contacting you, and in violation of the Fair Debt Collections Act by threatening you. Document everything they do, and remind them of the law when they try to harass you. Send them a "cease and desist" letter and a copy of the discharge from the court.

I had a payday loan collection company call me today. I reminded them that they were violating the stay by contacting me and leaving voice mail messages (not discharged yet), and they hung up. Many states will not allow payday loans to be prosecuted like NSF's. Do a search for your state's laws.

Please note, I am NOT a lawyer and cannot give legal advice. If you used a lawyer when you filed, I would call them to see what they say.

[AshShep01]

I did a search, but did not find the answer to what I thought would be a common issue. A couple of weeks ago I was threatened by a collection agency stating they have or will file a civil claim against me for NSF on a pay day loan. They stated I could not include this pay day loan in bankruptcy, as I checked a box stating I was not filing bankruptcy. Obviously I know this is not true. Since I have already been discharged, what should I do at this point? Just ignore them or send them a letter with my discharge notice? I would rather not send them anything, as I don't want to ruffle their feathers. I am afraid if I send them something, they may see I am serious and actually file the civil claim. I don't have another $1500 for a lawyer. Bankruptcy is not a fresh start, as this is the second threat I received since my discharge and both of these companies were listed in my bankruptcy. I guess they can legally still harass me, if my account was sold to a collection agency, as the original creditor does not have control over the company they hired.

I am going through the samething. What state are you in? It all depends on what state you are in... if they can take you to court or not.

[moneytrouble]

I did a search, but did not find the answer to what I thought would be a common issue. A couple of weeks ago I was threatened by a collection agency stating they have or will file a civil claim against me for NSF on a pay day loan. They stated I could not include this pay day loan in bankruptcy, as I checked a box stating I was not filing bankruptcy. Obviously I know this is not true. Since I have already been discharged, what should I do at this point? Just ignore them or send them a letter with my discharge notice? I would rather not send them anything, as I don't want to ruffle their feathers. I am afraid if I send them something, they may see I am serious and actually file the civil claim. I don't have another $1500 for a lawyer. Bankruptcy is not a fresh start, as this is the second threat I received since my discharge and both of these companies were listed in my bankruptcy. I guess they can legally still harass me, if my account was sold to a collection agency, as the original creditor does not have control over the company they hired.