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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I am currently in Chapter 7 bankruptcy and the payday loan

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I am currently in Chapter 7 bankruptcy and the payday loan company who was included in my list of creditors went ahead and deducted the amount from one of my credit card accounts they had on file. They continued to attempt collection via phone calls, letters, and repeated attempts to take the funds out of my account causing multiple returned check fees due to lack of funds. Do I have a case against them for violation of automatic stay? I don't have the money to hire a lawyer, can I file directly with the court/trustee?
Yes. You can bring a motion for violation of the automatic stay, and the court can award actual and punitive damages for a willful violation. You can do it without an attorney, but many attorneys may do it contingent, as the court may grant them to pay your attorneys fees as well. Be sure to document everything, and show timelines for the court to see that they continued to do this after the case was filed and after they received notice. Good luck, thank you for your question.
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