I filed bankruptcy after I went and got a payday loan the company is talking about garnishing my wages can they?

Wage garnishment for most types of debts in South Carolina does not exist. You need to talk with an attorney as the statements made may constitute a violation of the debt collection rules. If you filed for bankruptcy after you had made the payday loan, the debt was probably discharged in the bankruptcy case. There are several possible issues and you need to understand your rights and responsibilities so that you can know when a debt collector is talking to you.

If you took out the loan after you filed your bankruptcy petition, it is not a debt covered by the bankruptcy. Only debts you had as of the date of the petition are covered by the bankruptcy. Later debts, like this one, are fair game for the creditors to try to collect. The company cannot garnish your wages until after it has a judgment, and that can't happen until the company sues you and wins the case. If you owe the company money, perhaps you can work out a payment plan and avoid the lawsuit. If you do nothing, it is up to the lender to file the lawsuit, and if it does not file in time, the statute of limitations will bar it from suing you at all. It all depends on how you want to handle it. If the company gets a judgment against you, it can apply for a wage garnishment, or levy on your bank accounts, or sell some of your belongings, etc., to satisfy the judgment. But right now, it can't garnish anything. There are fair debt collection practices acts, both federal and state, that cover what the lender can and cannot do in trying to collect the debt. You might want to consult a local attorney about how to handle this matter, and to see whether it is violating the law in making its threats against you.

NEVER believe anything a payday loan company tells you. A creditor cannot garnish wages in Texas for ordinary debt such as a payday loan, and any attempt to collect it after filing bankruptcy would violate federal law. Please note that cash advances taken within 90 days of filing bankruptcy are presumptively fraudulent (that is, done in anticipation of filing). But payday loan companies aren't very organized/don't know to contact the U.S. Trustee/aren't friends of the U.S. Trustee. Good luck!

If the loan was made after you filed bankruptcy, it cannot be discharged in your bankruptcy, and the loan company can sue you. They would be wise to wait until you get your discharge, but it is actually not required if you are now in a Chapter 7. Check with your lawyer. If you don't have one, it would be a good idea to hire one.

If you are in a Chapter 13 bankruptcy, and your trustee finds out about this loan, you will be kicked out of court for violating the Plan requirements. If you filed Chapter 7, you cannot continue to eliminate debts that you made AFTER you filed.

Anyone who has a judgment against you can potentially garnish your bank account and your wages. This is a post petition debt and unless you can get it included in your bankruptcy, you will not be able to get it discharged for about 7 years.

If the payday loan was taken out after you filed your bankruptcy case then you remain responsible for repaying that debt. If you do not repay they have the right to sue you in court, get a judgment, and then proceed to garnish your wages and/or your bank account. If the loan was taken out before you filed your bankruptcy case then they should have been notified of the filing and their efforts to collect should have stopped.

This is absolutely false and fraudulent. I have heard these crazy threats before.

Your question is confusing. First you way that you took out the loan before bankruptcy, then you say that you took out the loan after bankruptcy. Obviously it cannot be both unless you have two payday loans. If you are in a chapter 7 - yes they can pursue you. If you are in a chapter 13 - not usually, but you needed to obtain a court order in order to incur this debt.

Get this letter to your lawyer...it is a violation of the automatic stay and a slam dunk for sanctions by the bankruptcy court.

Any loan obtained after you filed for bankruptcy are not discharged and you still owe them.