Legal Question in Credit and Debt Law in Florida
Paday loan advance
I received a call from a company collecting for a payday advance company I borrowed from last year. I have not paid the loan back, have not received letters, phone calls or anything related to taking care of this matter. I am currently in a bancruptcy. I am also willing to pay on the loan, untill paid off. What are my options? and can I go to jail as the person calling stated?
1 Answer from Attorneys
Re: Payday loan advance
You should advise this debt collector and other that you are currently in bankruptcy.
If you did not disclose this debt when you filed bankrutpcy, you should inform your bankrutpcy attorney about this debt so he/she can advise you of what to do regarding the debt. If it was listed in your bankruptcy, it appears there has been a violation of the automatic stay.
Failing to pay a debt is a civil matter, not a crime. Therefore you cannot be arrested for failing to pay back a loan. Because the threat by the debt collector (that you will go to jail) is untrue, they have violated the Fair Debt Collection Practices Act.
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