Can a payday loan company file criminal charges to collect debt that was in a chapter 7? 9 Answers as of October 12, 2016

They said original debt was included in bankruptcy not the electronic check to obtain the payback for loan. I did double check my paperwork and they were listed even for a greater amount than what they are requesting. How do I resolve this matter properly?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That threat is against the law. Find a lawyer who handles Fair Debt Collection Practices Act cases.
Answer Applies to: California
Replied: 10/12/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Have an experienced lawyer represent you. Most police agencies won't pursue a claim like this. Anyway, there are lots of pit falls and you would net be served by trying to get this type of info here. Let an attorney help you.
Answer Applies to: Colorado
Replied: 10/6/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Go see a knowledgeable local bankruptcy attorney who can assist you in asserting your rights.
Answer Applies to: California
Replied: 10/6/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Only a public prosecutor can file criminal charges. The action you describe is a violation of both bankruptcy law and the fair debt collection practices act. It is also a violation of the regulations that govern payday loan companies in Nevada. If you wish to pursue this matter, you will need experienced representation.
Answer Applies to: Nevada
Replied: 10/6/2016
Timothy Casey Theisen, P.A. | Tim Theisen
Record the conversation, tell them you are recording the conversation, and have your attorney sue them for violating the discharge injunction by trying to collect a debt.
Answer Applies to: Minnesota
Replied: 10/6/2016
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