Legal Question in Bankruptcy in Texas

I file bnakruptcy CH7, were I included payday loans. I am getting scam calls and some calls from collection agency. I got a call from a collection agency that's said the compnay will honor one of my payday loans under bacnkruptcy, but I need to paid the other payday loan. I did ask them to send me an agreement where they said I needed to pay only $199. the agreement showed $700. I did not sign or reply. So, I am getting the calls on taking me to court, pressing charges of check fraud and will issue an warrant for my arrest. What do I need to do? The companies that have been identied as scammers I have filed a complaint with the FTC.

Asked on 5/28/12, 3:50 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

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Did you have an attorney help you with your bankruptcy?

If you did, please refer this question to him/her.

If you did not, get in touch with the court clerk in your case and tell him/her that you are being contacted by a pre-filing creditor. S/He cannot give you legal advice, but can point you toward the court's resources to deal with this.

If you listed the payday loans properly in your petition, and assuming your case is either in progress or is discharged, the payday lender has no business contacting you; they are in violation of federal court order. Federal judges take a very dim view of their orders being disregarded, so do be sure to bring this harassing contact from this creditor to the attention of the court, either through your attorney or as directed by the court clerk (note that the clerk WILL NOT talk with you if you were represented by an attorney; you MUST go through your attorney if you used one).

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Answered on 5/28/12, 3:57 pm

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