what to do

[juststupid]

Geez, so we had payday loans we filed on. you all helped me look for the addresses, got the addresses, notice was sent, i even faxed a copy to them myself. two of them that were from feb, are still trying to get the money from the account. we haven't been able to close the account because there have been people trying to get money out. now since las week these 2 companies have tried to get money i now have $200 worth of overdraft fee's because i left no money in the account so that they can't get any of my money. 2 weeks ago with the last paycheck thier attempts went thru even though we took all money out. and i ended up paing the overdraft charges.

but i don't want to fork out $200 to pay overdraft charges or to pay them off when i need that money for groceries. what do i do?

[JRScott]

If you filed and they are still trying to collect then if I'm not mistaken they are in violation of the temporary stay ( or permenant injunction if you have closed the BK). I would go and talk to your lawyer about this.

[jal1129]

I would talk to your lawyer also. In the paperwork my attorney gave us it said something about if any payday companies take money out of our account after we file they would have to pay it back. We did'nt have any payday loans so I did'nt pay a whole lot of attention to it. I am not sure if thats a state law or national, but anyway they are collecting on a debt that is protected under the automatic stay. Now they may try to object to the discharge but until they win that proceeding they cannot attempt to collect. Talk to your lawyer.

[FilingOnMyOwn]

Seems to me that even if you can't close the account, you'd still be able to report your checks lost/stolen, so no new charges would come through on old checks....

[CindyLou]

you cannot report checks as lost or stolen, you can only close the account.

[SinkingFast]

In addition to contacting your attny,............ I think I'd take my BK paperwork in and have a little chat with a Bank Officer. Show the person at the Bank that those Creditors violated the Automatic Stay protection. The Bank shouldn't have given those predators your money to begin with. Demand the Bank Officer do a little magic fingers work and make those over draft charges disappear.

Also, can't you give the Bank a Cease and Desist Letter naming the specific companies that are not allowed to auto-draft your bank acct??

[CATCHMEIFYOUCAN]

Can you declare BK on the Overdraft Charges. I know I declared BK on my OVERDRAFT account, but charges might be a bit different.

Best of Luck, CMIYC

[CindyLou]

Yes, you can BK the overdraft charges.

[FilingOnMyOwn]

you cannot report checks as lost or stolen, you can only close the account.

Well she can cancel the checks still, right?

[CindyLou]

she can cancel individual checks each at the regular price of the cancellation fee. My bank once told me that if I needed to cancel more than 5 checks then I needed to close the account. I took their advice.

[juststupid]

Thanks for the info. But it was ach withdrawals, so I cannot cancel the checks. I wish i could. I will just have to talk to the bank, wish i could go in person but as a military bank they are only located in texas.