QUESTION
Should I pay the pay day loan they are collecting from 2009 if they have account and job info from six years back?
Asked on Apr 09th, 2013 on Bankruptcy - Michigan
More details to this question:
I have received a phone call from someone saying they are from the District Court Ligation office and that I have a payday loan for $400.00 that was from a few years ago (from 2009). I was told that I have 48 hours to resolve the issue or charge will be filed. They want my bank account info so they can take the money to pay off the payday loan. They say they are going to serve me with a summons. They have my correct address and know that I just filed bankruptcy. I honestly don't remember having this payday loan and I asked for them to email me the information and never received anything.
5 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
The call is a scam. There is no state district court in Illinois. Loans are discharged in bankruptcy. You cannot be "charged" with anything for not repaying a debt. Do not provide any bank information. Some scammers got hold of loan application information and are making calls like this. Report to law enforcement Federal Trade Commission, Attorney General, and Consumer Financial Protection Bureau.
Answered on Apr 10th, 2013 at 1:16 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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Make sure to mention this to your bankruptcy attorney. You should include the payday loan in the schedules.
Answered on Apr 10th, 2013 at 1:06 AM
Don't pay it. They cannot arrest you. What they are telling you maybe a violation of the Fair Debt Collections Practices Act.
Answered on Apr 10th, 2013 at 12:16 AM
If you just filed for bankruptcy, take the matter to your counsel to be certain it is included as part of your proceedings. I do not know your jurisdiction, but I've never heard of a district court official calling someone to say give us your bank information or a suit is filed in 48 hours. You may well be dealing with a collection group paying fast and loose with their language, or a scam, especially if you have no knowledge of the loan. Never give out your bank information to a stranger on the telephone.
Answered on Apr 09th, 2013 at 9:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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See an attorney immediately. What appears to be happening is because you did not pay the payday loan and perhaps wrote checks dated in advance they are preparing to charge them criminally. If you have a bankruptcy attorney, explain the situation. If you do not have a bankruptcy attorney engage one now.
Answered on Apr 09th, 2013 at 9:07 PM