Can I do something about harrassment due to a payday loan in a bankruptcy?

You may file a lawsuit to sue the creditor for violating the discharge. If they are calling you this is a violation of the discharge. I would advise that you first contact the attorney who assisted you in the bankruptcy, since they are familiar with the case. The creditor may be liable for damages and sanctions from the bankruptcy court so I would advise you to push the matter further.

Yes Pay Day loans are pesky and they notoriously violate debt collection laws. The only way there could be a warrant issued is if there was a lawsuit and a summons was issued for you to appear in court for a debtor's exam and you actually failed to appear. You could of course ask for the case number when they call to verify that there in fact was a lawsuit, although I suspect they will quickly hang up or not answer your question. Another question if there was in fact a lawsuit is whether the lawsuit was filed BEFORE or AFTER the bankruptcy case was filed. If there was no lawsuit then this creditor is violating federal debt collection act with such threats. Furthermore, if this debt was listed in the petition and has been discharged in your bankruptcy case, then this creditor is also violating bankruptcy discharge orders. The trick is to actually find out who is doing this as they will typically either refuse to answer the question "what is your mailing address" or hanging up if you ask this or tell them that you are recording the conversation. If this truly and really is a law firm that is calling you then you should have no problems obtaining the contact information and if you were sued there should be a case in the local court that you can look up. If you can get an actual name/address of the entity calling you then you can send them a certified letter telling them the debt was discharged and stop harassing you, include copy of discharge order with only last 4 digits of your social showing. The other option, more aggressive, is hire an attorney to go after the wrongdoer with sanctions. The third option, which could possibly be less costly, avoid court, and achieve a faster result is to change your phone number & get an unlisted one. I know it may not be what you want to do but it can be very effective. Still, I would be sure to check to see if a lawsuit was filed because you do want to deal with this if in fact there was a case and you should also check your credit report and make sure all debts are showing as discharged in your bankruptcy.

Remind them that certain acts can be violations of the Fair Credit Act. Recently in Texas a person was awarded a multiple million dollar verdict for just such violations as you have had.? There is no way they can get a warrant.? You have not committed a crime.? You say your chapt 13 was discharged.? I assume that happened because you lost your job and could not continue working it.? So the debt still exists.? It was not discharged or partial discharged due to a completed Chapter 13 plan.? Sounds like you need to be back on Chapter 13 if you have again found work and can work a plan.? If you are in Tacoma contact Dorothy Bartholomew.? Having a discharge does not prevent you from filing again and again until your situation is resolved.

First, get an attorney to represent you. Second, bait the person into giving you more information so when you do sue them, you can track them!!

This sounds like a scam that is very common with certain payday loan lenders. Are you sure it is an attorney's office contacting you? They usually contact folks by mail, not by phone. Request proof in writing of whatever debt they believe you owe. Give them your bankruptcy case information. Tell them not to contact you regarding debt. You probably have recourse against them for violating the Discharge Order but it is often very difficult to try to track these guys down. If you cannot get in touch with your lawyer you might want to consult with a consumer debt/consumer rights attorney to see what, if anything can be done.

Are you saying you can't locate the attorney for the payday loan company or the attorney that handled your bankruptcy? You can obtain a duplicate copy of your bankruptcy discharge from the bankruptcy court or at www.pacer.gov and send it to the attorney for the payday loan company, or simply send this information to the payday lender directly.

If you can find these people then you have a clear case for sanctions against these people. I have dealt with these situations before and taken some calls from them for my clients. It seemed to me that the callers were out of control bent on intimidating people to pay debts. Once a bankruptcy case is filed they usually stopped but the calls were border-line insane. If this creditor has filed a proof of claim in the bankruptcy then you should be able to find them. I would definitely seek sanctions. If they call again try and get information from them (they usually refuse) or get a phone call log from your phone company.

The debt is wiped out if you listed the "payday loans" on the bankruptcy petition, and the court discharged (not dismissed) your bankruptcy. Tell the attorneys to look at the bankruptcy petition and stop harassing you.

Yes, they are most probably a violation of the law.

Yes. See an attorney to reopen your case and sue this creditor for violation of the discharge.

File a motion for sanctions in the bankruptcy court.