QUESTION
What can I do if I am getting an email from a payday loan trying to take me to court when I was discharged in 2010?
Asked on Aug 19th, 2013 on Bankruptcy - Georgia
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can send them a copy of your discharge order. Or you can have your bankruptcy attorney contact them.
Answered on Sep 03rd, 2013 at 6:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Confirm the discharge and seek all of the damages you can prove.
Answered on Aug 27th, 2013 at 10:19 AM
Sanford M. Martin
The main issue is was the payday loan discharged in 2010? If not and it is a new debt, of course the lender can take you to court and garnishee your wages or bank account.
Answered on Aug 27th, 2013 at 10:19 AM
2 Awards
Double check your petition and make sure you listed the creditor. If you did, send a copy of your discharge order and petition to them and tell them if they continue to attempt to collect the debt you will seek sanctions against them. If they continue, file a motion in bankruptcy court.
Answered on Aug 27th, 2013 at 10:19 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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I am assuming here that the loan was pre-filing and listed on the paperwork. If so you should have your attorney contact them and tell them to stop bothering you or they will be subject to sanction by the bankruptcy court and/or legal action on your part. These payday loan places are often very aggressive in ignoring the bankruptcy discharge.
Answered on Aug 27th, 2013 at 10:19 AM
Consumer Finance Attorney serving Vancouver, WA
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Robert Russell Law Office
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You should make sure they were listed and notified of the bk. If they proceed, then they have violated the post-discharge injunction. A good bankruptcy lawyer can fix that for you.
Answered on Aug 27th, 2013 at 10:19 AM
William Rhymer
Contact your bankruptcy case and make sure it was listed.
Answered on Aug 27th, 2013 at 10:18 AM