Legal Action by Payday Lender - Inclusion in BK Pending..

Quite possible!!

The pdl place needs your account marked with case number and put a note that you have filed for bankruptcy. They may try to put you in a problem, however chances are slim. But you should not delay sending the case number. You need to keep yourself in the safe side.

I am calling tomorrow morning with the case number, hopefully that will take care of the problem. I will inform her she should have the paperwork by the end of next week - I hope that will stave her off. This should have been included to begin with, but that's neither here nor there now - I just need to get it included and taken care of.

Sue - I have a few that are being stinkers too!One guy even told me that he can call asmuch as he wanted up until the judgement. Then I have others who take my attorneys' name and number and the record number and that is the end of that.

Yes, they can still pursue legal action. If you have a case number, give that to her. Have you spoken to your attorney about this? If she wants a case number and it's been filed you should have this and I would give it to her, they may get "I'm filing bankruptcy" alot and need the number to confirm this info.

I do have the case number and am giving it to her tomorrow morning. However, she said she can't do anything about it until she gets the papers from the attorney, and I'm sure you're correct, they probably hear the "I'm filing bankruptcy" story a lot, and some people don't follow through.

I just didn't have the case number with me when I called her. And she wouldn't take the attorney's phone number, so I will call her tomorrow with the case number and hope that takes care of it.

I would ask somebody in your attorney's office to fax her the papers on Monday, just to get it over with and so you can have some peace of mind.

thank you, Steelers - I will do that. I don't know if they'll fax them or not, but it can't hurt to ask.

Suebee--

I'm assuming this is a storefront, correct?

Suebee. Since you have a case number, I'm assuming the petition has already been filed with the court? As long as they have a case number, they don't need papers. They can verify the number with the court. If this lady has already been informed of the case number, she's violating BK law.

Irish: The guy who says he can call up until the judgment is misinformed. Once a petition has been filed that should stop all collection action. This is why it's o.k. to give them the number over the phone along with your attorney's information.

Geez, some creditors just don't get it. My son filed BK this time last year. A couple of months ago we got a letter from an attorney in TX who was trying to collect on one of the debts that had been discharged. I did some quick research to know how to handle the situation and shot off a Cease and Desist letter to him advising him that he was in violation of federal law and if we heard from him again, my son was prepared to reopen his case and file a petition for sanctions against the attorney and the company he was collecting for. Never heard anything after that.

Sorry for my delay in answering - I'm extremely tired and stressed to the max tonight, so I'm limiting my posting so I can try to get some sleep. Kind of had the day from heck at work and it spilled over to home...so I'm kind of taking the night off. So please forgive my silence tonight - though I'm sure some might welcome a break from my chatter! :lol:

I appreciate the advice on this issue - it has been very helpful. This is a storefront PDL. I will give them the case number tomorrow, and the attorney's phone number, and will have the attorney fax the paperwork to them on Monday.

'night all...

Sleep well SueBee; you deserve the rest.

Suebee, after you had a good night's rest, how is the situation now?