QUESTION
Can a payday loan company file criminal charges to collect debt that was in a chapter 7?
Asked on Sep 14th, 2016 on Bankruptcy - Oregon
More details to this question:
They said original debt was included in bankruptcy not the electronic check to obtain the payback for loan. I did double check my paperwork and they were listed even for a greater amount than what they are requesting. How do I resolve this matter properly?
5 ANSWERS
Have an experienced lawyer represent you. Most police agencies won't pursue a claim like this. Anyway, there are lots of pit falls and you would net be served by trying to get this type of info here. Let an attorney help you.
Answered on Oct 06th, 2016 at 6:12 PM
Only a public prosecutor can file criminal charges. The action you describe is a violation of both bankruptcy law and the fair debt collection practices act. It is also a violation of the regulations that govern payday loan companies in Nevada. If you wish to pursue this matter, you will need experienced representation.
Answered on Oct 06th, 2016 at 11:01 AM
1 Award
Laugh at them when they call you on the phone. I am being serious.
Answered on Oct 06th, 2016 at 5:45 AM
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Answered on Oct 06th, 2016 at 5:45 AM
2 Awards
Criminal matters are not stayed by a bk filing. I recommend advising the DA of your bankruptcy filing and if that doesn't work retain a criminal attorney.
Answered on Oct 06th, 2016 at 5:45 AM