Legal Question in Criminal Law in Georgia

I had a payday loan over 2 years ago and I really can't remember if I pay them, they said that I did not pay the amount and I asked them to send some type of proof but they said they will not send out any information other than that it was from Advance Cash. I am presently under chapter 13 (coming to an end in a couple of months) and did not add it to the creditors list. The collection company (i guest the company that purchased the payday loan) called me on my cell and home phone threatening that if I do not pay the $693 they will be going to my local court where I reside and issue a warrant for my arrest. Can they do that? I offer to pay half of the payment now, but they said they will have to have the full amount or they will go ahead and issue a warrant for my arrest, on top of which I will have to pay additional fees that could stem up to $8,000. Can they do this? Am I cover in my bankruptcy chapter 13?


Asked on 10/13/11, 9:36 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Why are you not discussing this with your bankruptcy lawyer? Call your lawyer to discuss.

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Answered on 10/13/11, 9:49 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your omission of the debt in your bankruptcy can be prosecuted as perjury (with a penalty of 5 years in prison or $250,000).

However, you should call your Chapter 13 lawyer (why would you post here when you have already paid him to represent you for 5 years?) and ask him to amend your schedules. That should avoid prison, and also help you deal with the creditor. You will have to amend your plan as well.

Do NOT pay them directly unless your attorney says ti di it.

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Answered on 10/13/11, 9:58 am


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