QUESTION
Can I be sued for payday loan that was discharged?
Asked on Apr 26th, 2013 on Bankruptcy - Kentucky
More details to this question:
I took a payday loan out in November 2010, filed chapter 7 bankruptcy in July 2011, discharged in September 2011. A company called me in February 2013 stating they were taking me to court for a debit card default. I told them I would make arrangement to pay it, gave them my account information as I can't afford to lose my job. I went home told my daughter about this as she said it was discharged in my bankruptcy. The next day I called the company and asked for the original creditor, after several minutes she gave me their name and yes it had been discharged. Today I got a call and they are now adding credit card fraud on it. Can they resurrect a debt and then add new charges?
13 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Payday lenders lie. Don't believe anything they say. Sounds to me as if you owe nothing.
Answered on Apr 30th, 2013 at 1:32 PM
No. That is an FDCPA violation.
Answered on Apr 30th, 2013 at 1:23 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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No. Once a debt is discharged, they can no longer sue you.
Answered on Apr 29th, 2013 at 12:35 PM
Yes.
Answered on Apr 29th, 2013 at 4:00 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No. Talk to your bankruptcy attorney.
Answered on Apr 29th, 2013 at 1:02 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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They may not do so. You can respond to a complaint with the affirmative defense that the debt was discharged in bankruptcy. You can also go back to bankruptcy court and have the collector held in contempt of court.
Answered on Apr 28th, 2013 at 9:34 PM
William A. Siebert
They like fraud? They have committed bankruptcy fraud by attempting to collect a debt that they know has been discharged.
Answered on Apr 28th, 2013 at 9:04 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Probably not.
Answered on Apr 28th, 2013 at 8:44 PM
When a debt is discharged in bankruptcy, if the creditor attempts to sue you, your bankruptcy is your defense. However, you must file the appropriate pleadings in the court to prevent the lawsuit from proceeding. In addition, you should contact a bankruptcy litigation attorney to bring suit against the creditor for damages for violating the bankruptcy discharge. Your attorney fees will have to be paid by this foolish creditor as a way of teaching them of the importance of obeying the bankruptcy laws.
Answered on Apr 28th, 2013 at 8:37 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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I do not believe that they can, and they would have had to bring an adversary action during your chapter 7. I suggest that you contact your bankruptcy counsel that represented you and have him/her get involved.
Answered on Apr 26th, 2013 at 1:04 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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No, the payday loan company is violating the discharge order.
Answered on Apr 26th, 2013 at 1:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need the details and would have to review the documents you signed and the promises you made. The payday loan companies are very good at attempting to use the criminal justice system to help them in collection of their debts.
Answered on Apr 26th, 2013 at 1:03 PM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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You should contact your attorney. It sounds like they have violated the discharge order.
Answered on Apr 26th, 2013 at 1:03 PM