ARGH! Pay day loans & bankruptcy

Anonymous · ‎02-23-2012

Came home from a not-so-great day at work to a curt voicemail from someone whose name was undecipherable (unless someone named their poor daughter mumble mumble) anyway...she says she's calling form such and such company regarding a judgment in my county (but didn't say what county or even who she was calling for at this point), says that if she does not hear back from me with in 24 hours they will enter a statement on my behalf. After some research (reverse phone number search), it is a company called DOC Servicing and they seem to specialize in payday loan collections.

I had a pay day loan that had defaulted (I couldn't pay on time but had been making payments for 3 months before the BK) and it was included in bankruptcy.

I have sooo been enjoying the lack of threatening phone calls. I guess I'll call first thing tomorrow (they are apparently in NY) and figure this out.

My question is: Has anyone here had to deal with this? I know they are just going to be bullies and try to scare me so I'm girding my loins...

SoulMaster · ‎02-23-2012

Send them a copy of the discharge and tell them they are violating Federal Law by attempting to collect a debt that was discharged in BK. My guess: They'll stop.

-SM

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of Late January 2016 All 700+. Last CR pull from a lender(housing) was mid-score 749.
Goal Score: 700+ - reached.

Anonymous · ‎02-24-2012

+1

Worked for us in a similar situation. And it's the right thing to do.

CC your attorney at the bottom of the letter. Even if your attorney doesn't care that he received a copy, they might take notice and it may encourage them to behave - at least it may scare the snot out of em.

Anonymous · ‎02-24-2012

I filed pro se, no attorney. My current employer is a former bankruptcy attorney and helped me where nolo books and law library research fell short. I called this morning and got a voicemail so I left my name, a warning that they were in violation for contacting me regarding a debt that was discharged in my chapter 7, cas number and the phone number they had already reached me at. I will also be sending a letter with the same information and my discharge letter. Thanks for the support guys!