Legal Question in Credit and Debt Law in Florida

I had a delinquent payday loan. I filed bankruptcy in January of 2009. I notified the payday loan creditor in writing and verbally of my bankruptcy and asked them to stop attempting to debit my bank account. They still continued to attempt to debit my bank account after I contacted them. This resulted in $167 of NSF fees. Is this a violation of the automatic stay imposed when I filed bankruptcy? Also, do I have any recourse to recoup these bank fees?


Asked on 8/26/10, 12:09 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

I am not a bankruptcy lawyer, but i think the stay only relates to suits file. Now on the violation of debt collection, it depends on what you said in your letter. If it was a cease and desist letter, yes. If not, no. See my web site to see an example of such letters in sample letters. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 9/01/10, 10:56 am


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