What do I do if a pay day loan is calling and is threatening to sue me but my chapter 7 was discharged 6/2013? 10 Answers as of May 11, 2016

They say I took out an online payday loan of $400. I have never done an online cash advance. They are threatening to put a lien on my home. I have never received anything in the mail but now they are going to report this to the 3 credit bureaus and garnish my wages. Please help.

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
They can't garnish your wages without first going to court and suing you. If they do, see a lawyer for help and make them prove up a case. It's not clear is this is supposed to be a pre bankruptcy filing debt. If so then it's discharged and you should see your attorney. They can write a letter and get this company in line. If it post discharge then the bankruptcy will have no impact on it. There are lots of scams out there. If there are pushing you to get the money to them I would be wary. Google "pay day lender scams" and you'll learn a lot. Have you asked for specifics? Who is the company? When was the loan? What is the loan number? What was the original amount? Do they have a signed agreement? etc. If they are just calling you, I would consider not talking to them. If it was legitimate you would likely have received a letter. If you're certain it is incorrect just keep an eye on your credit report and dispute any errors.
Answer Applies to: California
Replied: 5/11/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Notify them in writing of your BR, including the case no. And district in which you filed. Include the date you filed and the date of the discharge. Tell them that it is a contempt of the federal court to attempt to collect a discharged debt. Be polite and also firm. Give them 10 days to confirm they will stop. If they do not confirm, file a motion to reopen your BR case and with it a motion to hold the wrongdoer in contempt. Request costs, atty fees if any, and any losses you have suffered.
Answer Applies to: Wisconsin
Replied: 5/11/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
They cannot do any of that without suing you and winning. Also if the debt was before the filing date of your BK, they cannot even talk to you. Send them a copy of your BK discharge.
Answer Applies to: California
Replied: 5/10/2016
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
You can enforce the discharge injunction. Read your Discharge of Debtor document. One of its pages explains the effect of the discharge injunction. You can file a motion or complaint in bankruptcy court holding the creditor in contempt and seeking damages for the violation of the discharge injunction. Your position would be strongest if such creditor was listed in your petition, though. In any event, this type of bankruptcy litigation is best left to an experienced attorney. You may have to pay a retainer up front and the attorney will seek reimbursement of some or all such attorneys' fees and costs from the creditor as part of the discharge injunction litigation.
Answer Applies to: California
Replied: 5/10/2016
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
They can not do that but because these companies are often not is based they won't stop.
Answer Applies to: New York
Replied: 5/10/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Challenge the entries on your credit report. Ask for proof from the creditor that you signed for the loan(s). You can also report them to the Colorado State Attorney General's office, who regulates collectors.
    Answer Applies to: Colorado
    Replied: 5/10/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Get their contact information and mail them a copy of your discharge papers. If the calls continue, you may have to file a Motion for a violation of the bankruptcy discharge. Let them sue you. You will be nicely compensated if this loan was covered by your discharge.
    Answer Applies to: Nevada
    Replied: 5/10/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Most of these are scams. Google the name they give you. Ask them for an address. I bet they won't give you one. The more obnoxious they are the more likely it is a scam.
    Answer Applies to: California
    Replied: 5/10/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    They will not garnish wages without a law suit. Most online payday loans will not file a lawsuit. If you listed them on your BK you should contact your attorney as you may be able to sue them.
    Answer Applies to: Florida
    Replied: 5/10/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Demand documentation. If the debt predates your Bk then provide them proof of Bk filing. They are prohibited from collecting due to the permanent injunction.
    Answer Applies to: Nevada
    Replied: 5/10/2016
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