Legal Question in Credit and Debt Law in Alabama

If I made a payday loan advance and didnt take care of it on my due date and they drafted it out of my checking account, can I get a refund back from them even though I filed bankruptcy a couple days after they drafted my account. I was told that any money taken from my account 90 days prior to or after my filing bankruptcy would have to be given back to me. But also, would it be considered fraud, because when signing the contract, it states that I dont intend on filing bankruptcy. So, my question is, am I allowed my money back and was this considered fraud?


Asked on 3/24/10, 2:23 pm

1 Answer from Attorneys
Judson Crump Judson E. Crump, Attorney at Law

You need to tell your bankruptcy attorney about this. He (or she) may be able to get that money back. As for the fraud bit--don't worry about it. All payday loan contracts have that clause and people clear those debts in bankruptcy all the time. Don't trust the pay day lenders. They are utter scum.

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Answered on 3/29/10, 2:34 pm


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