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I filed bankruptcy which included a payday loan, it has been…

I filed bankruptcy which included...
I filed bankruptcy which included a payday loan, it has been discharged. I'm now getting calls that the loan company is suing me for fraud because the payments were to be made via EFT and those are considered checks. Is this legal?
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Answered in 1 minute by:
4/4/2013
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,267
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

If the debt was discharged in bankruptcy, you would not owe the lender,

WALLSTREETESQ :

In AZ there are no special provisions for payday loans,

WALLSTREETESQ :

if they wanted to challenge you and claim fraud they could have done this in Bankruptcy court,

WALLSTREETESQ :

but if the debt is now discharged, you are not liable.

Customer:

So this firm that is trying to collect this money is a hoax?

WALLSTREETESQ :

They are trying to scare you into settling with them, which is against the law,

WALLSTREETESQ :

and you can threaten them with a fair debt collection lawsuit, and even contact a local consumer attorney to pursue a lawsuit.

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,267
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
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Category: Bankruptcy Law
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Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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