Can I be sued for payday loan that was discharged? 19 Answers as of April 30, 2013

I took a payday loan out in November 2010, filed chapter 7 bankruptcy in July 2011, discharged in September 2011. A company called me in February 2013 stating they were taking me to court for a debit card default. I told them I would make arrangement to pay it, gave them my account information as I can't afford to lose my job. I went home told my daughter about this as she said it was discharged in my bankruptcy. The next day I called the company and asked for the original creditor, after several minutes she gave me their name and yes it had been discharged. Today I got a call and they are now adding credit card fraud on it. Can they resurrect a debt and then add new charges?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Payday lenders lie. Don't believe anything they say. Sounds to me as if you owe nothing.
Answer Applies to: Texas
Replied: 4/30/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
No. That is an FDCPA violation.
Answer Applies to: Indiana
Replied: 4/30/2013
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
No. Once a debt is discharged, they can no longer sue you.
Answer Applies to: Virginia
Replied: 4/29/2013
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes.
Answer Applies to: New York
Replied: 4/29/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
No. Talk to your bankruptcy attorney.
Answer Applies to: Arizona
Replied: 4/29/2013
    Duffy Law, LLC
    Duffy Law, LLC | Michael J. Duffy
    Generally, if a debt has been successfully discharged through bankruptcy, creditors are not allowed to collect on it. There are in fact penalties in place for such violations. Contact the attorney that handled your bankruptcy to find out how best to address it.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    They may not do so. You can respond to a complaint with the affirmative defense that the debt was discharged in bankruptcy. You can also go back to bankruptcy court and have the collector held in contempt of court.
    Answer Applies to: Wisconsin
    Replied: 4/28/2013
    Joshua E. McNally, P.A. | Joshua E. McNally
    Your question is difficult to answer as details are needed. However, I will say this: it is a violation of the discharge order for creditors to try to collect properly scheduled debts. This generally applies to assignees (ie debt buyers) as well. It is best to assert the protections of the discharge as early a possible. A strongly worded letter from you with the discharge order you received from the court could help. I'd remind them that they are liable for damages for a willful violation of the order and you will get an attorney involved (they can be held liable for the fees) if they don't provide confirmation that they will drop their claim. I suggest talking with a bankruptcy attorney to whom you can give a full recitation of the situation. In the mean time I would advise NOT promising to pay the debts they claim you owe, and certainly don't sign anything they send you. Good luck!
    Answer Applies to: Florida
    Replied: 4/28/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    They like fraud? They have committed bankruptcy fraud by attempting to collect a debt that they know has been discharged.
    Answer Applies to: Michigan
    Replied: 4/28/2013
    Law Office of Robert Sisson | Robert Sisson
    Probably not.
    Answer Applies to: Wisconsin
    Replied: 4/28/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    When a debt is discharged in bankruptcy, if the creditor attempts to sue you, your bankruptcy is your defense. However, you must file the appropriate pleadings in the court to prevent the lawsuit from proceeding. In addition, you should contact a bankruptcy litigation attorney to bring suit against the creditor for damages for violating the bankruptcy discharge. Your attorney fees will have to be paid by this foolish creditor as a way of teaching them of the importance of obeying the bankruptcy laws.
    Answer Applies to: Nevada
    Replied: 4/28/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No they cannot. The debt is discharged and these people are playing with fire. Tell them that you have had communictions with an attorney and that if they continue ANY further in trying to collect on a discharged debt or threatening you in any way you are going to re-open your chapter 7 case and seek severe sanctions against them. This has been done many times and you will win.
    Answer Applies to: California
    Replied: 4/28/2013
    Stephens Gourley & Bywater | David A. Stephens
    If it was discharged, they cannot sue you to collect it.
    Answer Applies to: Nevada
    Replied: 4/28/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, the payday loan companies are full of empty threats. Ask them to fax your invoice and you can sue them for harassment.
    Answer Applies to: New York
    Replied: 4/28/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No .They can not do that. I expect this is an unlicensed debt collector. Legitimate ones will not do this. If you run the name at the Secretary of State web site I bet they don't show up.
    Answer Applies to: California
    Replied: 4/26/2013
    Wasson & Thornhill
    Wasson & Thornhill | Leeann Thornill
    You should contact your attorney. It sounds like they have violated the discharge order.
    Answer Applies to: Kentucky
    Replied: 4/26/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    No, the payday loan company is violating the discharge order.
    Answer Applies to: Idaho
    Replied: 4/26/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    I do not believe that they can, and they would have had to bring an adversary action during your chapter 7. I suggest that you contact your bankruptcy counsel that represented you and have him/her get involved.
    Answer Applies to: New Jersey
    Replied: 4/26/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I need the details and would have to review the documents you signed and the promises you made. The payday loan companies are very good at attempting to use the criminal justice system to help them in collection of their debts.
    Answer Applies to: Michigan
    Replied: 4/26/2013
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