Can they do this?

[j&ct94]

My husband and I filed chapter 7 bankruptcy on May 20. In it we included 3 payday loans. On our lawyers advice we stopped payment on the 2 that were in our town. The 3rd is an internet payday loan through Big-int. We had to go into our bank and do a stop ach for that one. We stopped theese on May 2cnd and they started calling right away. We were told to give our laywers info to any one who called and almost everyone accepted that and stopped calling except the payday loans.

After we had our case # the 2 from our town stopped calling, but Big will not they wont take our laywers name or our case #. They said they can take as much as they want from our bank account and they will take again this Friday. I told them they were violating the stay by contacting me and they cannot take anything from our account, he just laughed and said he will contact me as much as he wants. They called 7 timesyesterday within 20 minutes calling me names, telling me to do obscene things. I had to wake up my husband ( he works 3 rd shift) and he yelled at them and they stopped calling. If I dont answer they just call over and over and wont leave a message. It is usually at 1-2 pm, which is my dd naptime. I cannot for the life of me figure out how to turn the ringer off or I would have long ago.

After doing research on this company (which we probably should have done before getting a pdl w/ them) it sounds like they are illegal in the U. S. The only adress I could find at first was a Nevada adress, yesterday I found that tehy actually operate out of London.

I am trying to get a hold of my laywer, but it seems that was much easier before we filed Does anyone know if this company has to follow our bankruptcy order? I am really hoping that they dont take anymore $ out because we have to pay 33 everytime toi get it refunded. They keep changing their names to debit our account.

[JollyGG]

They are in violation of the automatic stay.

However, you are in a tough spot here if they are opperating illegally.

Next time they call try to get a phone number and address.
Give that information to your lawyer.

It also sounds like you are going to need to close the account they have information for and open a new account. While it is usually inadvisable to close any accounts leading up to and during bankruptcy their is no rule against it. It just keeps it simpler to not have to explain as much. Keep a clear trail of wear your money went. For example a record of yoru withdrawal of $X from the account you are closing and a record of deposit of $X in the new account. Closed accounts are looked at a little closer by the trustee as they can sometimes be used to hide assets. So just keep a good record.

But the only way to stop them may be to close the account. And while the bankruptcy courts would make any legitamite creditor return the money plus a heafty fine. If they can't find them that is hard to do.

[qwertysue]

I'm more familiar with 13's, so I wanted to throw this out there if anyone can address it.

If the PDL company were to take over a certain amount of money at this point, couldn't the trustee consider it to be preferential and order the money back from the PDL company?

(With ch 13 it's 600 bucks)

.

[dragonnfly]

We filed on Cashland and they were the only one of our creditors who violated the stay and did not care. I have always answered the phone and talked to the creditors and I have never had one be so rude. Good thing is Ohio is passing legislation to limit their intrest rate to 28% instead of the almost 400% that is. So alot of them are taling about closing. I put a stop payment on the check and they still tried to cash it even though they knew.

[JRScott]

Get a recording of their conversation and violation of the stay. If they leave messages on an answering manchine let it pick up.

Contact your lawyer and let him know, hopefully you can get in touch with him.

If you do speak to them on the phone, tell the collectors that you are recording the phone call for verification of the violation of the stay since they continue to violate it.

If your lawyer doesn't have it:

B I G Payday
1005 Terminal Way Ste 102
Reno, NV 89502

That's the address that I found associated with the two numbers on their site. (Though you can't find the address there)

THe BBB also has a report on them:

http://reno.bbb.org/WWWRoot/Report.aspx?site=100&bbb=1146&firm=90003109

PS: Since you only filed on the 20th they may not have been notified yet. However I'm sure your lawyer can take care of that, technically you have and they have to stop.