Can a payday loan company persue legal action if a debt was discharged?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a payday loan company persue legal action if a debt was discharged?

Approximately 6 years ago I received a payday loan online but when the company tried to debit my account, the funds were unavailable. A year later I filed bankruptcy and the debt was discharged. Now, 5 years later, the company is threatening to ftake me to court for a “bad check” because they were unable to debit my account.

Asked on July 3, 2012 under Bankruptcy Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the debt that you owe the pay day company is more than four years (4) years old and no lawsuit has been filed against you then most likely the claim would be time barred under your state's statute of limitations.

If the pay day company was listed as a creditor on your bankruptcy schedule and you received a discharge of your debts, the pay day company's claim against you would be precluded due to your bankruptcy discharge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption