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Filed Bankruptcy but still getting collection calls
Anonymous2 views3 answers
I filed bankruptcy (discharged 2012) which included payday loans I received sometime in 2008 or 2009 while living in FL. The payday loans were included however I am still getting calls to pay on payday loans. I know information placed online will be sent to other companies in order to scam a person, but I don't know what to do. Has the statue of limitations run out? What can I do to stop the calls? The current one is saying he will send my case to his attorney to press charges. Can they do this? Can I/Do I ignore the calls? At this point, it's stressful, and I just want the calls to stop. Thanks
They are in violation of both the bankruptcy discharge and the Fair Debt Collection Practices Act. Fat lot of good that will do you, though, because these guys are underground debt collectors: they know they are illegal and don't care.
I tell my bankruptcy clients to expect to get those calls, since your payday loans (I'm guessing internet payday loans) were also illegal--and they didn't care about that, either.
The best thing you can do is complain to Federal law enforcement, and maybe they can find them and shut them down. That would help other people, too.
I show you where to complain in my blog linked below.
Pay Day loan scams are so common that I wrote an guide about what to do. Here is the link to the guide (below). Give it a thumbs up if you found it helpful. The CFPB just shut down a scam operation due to consumers reporting this conduct, but don't worry, other than annoying phone calls, no attorney is going to press charges.
In many states, payday lenders and debt collectors are regulated by the state government, and in addition to seeking help in bankruptcy court, you can file complaints with the law enforcement division your state government (start with the attorney general's office). Unfortunately, this form of harassment is often treated as small potatoes by law enforcement, but at some point, the weight of complaints may tip the balance to get some results. Hope this perspective helps!