Legal Question in Bankruptcy in Pennsylvania
I used to live in Florida, but have been living in Pennsylvania since 2008. Back in 2007 I defaulted on a Payday Loan of $500. Due to overwhelming debt, I filed a chapter 7 bankruptcy which was discharged in 2/2011. Today, 7 years later, I received a call from a lawyer's office threatening to send me a summons for the balance of $700. This was the first since since 07 that I've heard anything about this bad debt. I assumed it was covered under the chapter 7 discharge. When I told the rep I filed bankruptcy, she said it did not matter because I signed a written contract and wrote a bad check. My instincts tell me they are full of hot water. Its been 7 years, and in addition, my bankruptcy should have covered that. Could they really take me to court over this? More importantly, could they win?
2 Answers from Attorneys
just don't make a payment without consulting a lawyer. u will be fine.
Their collection threats are a violation of federal law. They never objected to your discharge and the statue of limitations has long since run for any bad check charge.
Talk to a local plaintiff's lawyer about filing a federal action against them. http://www.superdebtbuster.com
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