What can I do to resolve and settle several payday loans when my account has been closed? .

Question Details: I unfortunately got caught in the payday loan trap and ended up having to take out several loans to keep my head above water. Recently I had to close my bank account because I had many debits on my account that I did not authorize. This put my account in the negative and I had to do something to stop the ach debits. Because the payday loans were on-line, I can only assume that my information was given to other companies and they were debiting my account. Now I am in situation where I am having to figure out a way to settle with these payday loan companies. What can I do?

Asked 10/18/2009 under Bankruptcy | 411 View(s) | More Legal Topics

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Alicia B Villines / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Missouri

This isn't exactly a bankruptcy question, which is what I mostly handle.  Have you consideredthe possibility that these debits were by the payday loan company or a subsidiary for various fees?  These can add up to an enormously large sum in a hurry.  I read an article on one consumer protection site stating that if the various fees were considered as "interest" then the interest rate would be something like 3000%.  If this is the case, then your options may be to 1) pay in full, or 2) offer a lesser sum in one lump sum to settle the debt, 3)  wait and see if the company sues you--at least a judgment will lock in the amount at a reasonable rate of interest, or 4) file bankruptcy if your overall financial situation warrants it.   

You could start by talking to the bank and finding out exactly what company debited the account. 

I'm certainly not a criminal attorney, but if someone takes money that doesn't belong to them, isn't that theft?  If the debits were truly unauthorized, the bank should be aware of this and may provide assistance. 

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