Legal Question in Credit and Debt Law in California

PayDay Loan Collections.

I received a payday loan on-line in 2002. I thought I included them in bankruptcy until I recently when applied for a payday loan on-line that uses several lenders. One of the lenders accessed was the company from 2002. They were able to obtain my new checking account number and debited it for $500.00. I borrowed $300.00 in 2002. Was it legal to debit my new checking account that I did not authorize? They obtained my new account number by the payday loan web search.


Asked on 6/07/08, 3:41 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: PayDay Loan Collections.

If they debited your bank account for a debt that was discharged in bankruptcy, this was a violation of the discharge injunction, and you should visit a bankruptcy lawyer to file a lawsuit for punitive damages.

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Answered on 6/07/08, 4:21 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: PayDay Loan Collections.

I think a strong letter from an attorney would get your money back. In addition to what Mr. Stone says, you might have a claim against your bank -- depending on the kind of paperwork that was submitted.

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Answered on 6/07/08, 5:21 pm


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