Can I get arrested for check fraud or bad check writing if I list a payday lender in my bankruptcy?

Yes, but it’s a really, really tiny chance.

In theory, a payday lender could turn you over to the county attorney and argue that the post-dated check loan you took out was actual a criminal act where you took out the loan never meaning to pay it back.  But I’ve never seen it.  In practice, a lot of payday lenders will call and threaten clients, even after filing bankruptcy.

There is one awful collections company that calls clients and says that there is a constable coming to your house in half an hour to arrest you for check fraud unless you get set up on an automatic repayment plan, all we need is your bank account information.  I actually had one client give them her info and authorize a $200 withdrawal.  Don’t do this.

The payday lenders will generally call and call and call and then be discharged by the bankruptcy.  The only client I remember getting sued by Check City was a joker who went to four Check Citys on the same day, took out four $600 loans, and then filed bankruptcy that afternoon.  If I had known that he was doing that, I wouldn’t have filed for him.  He was sued, and we settled with Check City for him to pay back the loans.

There is another collector who is sending a fraudulent email attached to the end of this post as Appendix A.  Do not respond to these.  This is a violation of the bankruptcy stay and the FDCPA.  It is also incorrect and doesn’t even use proper grammar.  Give it to your attorney and let him deal with it.

This is not legal advice.  If you need help, go to www.robertspaynelaw.com.

Name of Debtor: XXXXXXXXX

SSN# XXXXXXXX

Employer reference: XXXXXX

AMOUNT: $ XXX.XX

This is in reference to your Account number XXXXX-XX with XXXXXXXX Inc. in order to notify you that after making calls to you on your phone number, we were not able to get hold of you. So the accounts department of XXXXXX has decided to mark this case as a flat refusal and press legal charges against you. Apart from getting laid off by your current employer after we send them the legal notice you will be blacklisted from getting any job.  Through an IRS (Internal Revenue Service) your social security number will be put on hold causing severe damage to your credit history or credit report and your income paychecks will be put on hold.  Any child support, disability, unemployment or retirement benefits will be either place on hold or will be stopped until the outcome of the case. 

Our primary job was to notify you about the case before we send you legal document in the mail because once this case gets registered then we won’t be able to help you out of court.
Do revert back if you want to get rid of these legal consequences and make a payment arrangement or else we would be proceeding legally against you.

And this also will be notified to your employer about the case. The opportunity to take care of this voluntary is quickly coming to an end. We would hate for you to lose the option of resolving this before it goes to the next step which is a Lawsuit against you, but to do so you must take immediate action.

You can Email back to get the payment mode too.
We will be forced to proceed legally against you and once it is processed the creditor has entire rights to inform your employer and our references regarding this issue  and the law suit will be the next step which will be amounting to $4226.24 and will be totally levied upon you and that would be excluding your attorney charges.
If you take care of this out of court then we will release the clearance certificate from the court and we will make sure that no one will contact you in future.

Please let us know what your intention is by today itself so we can hold the case or else we will meet you in court house.

Thanks for being our customer.

 

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