What to do if I am receiving calls from third party companies claiming they want to collect on a payday loan?

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What to do if I am receiving calls from third party companies claiming they want to collect on a payday loan?

I am receiving calls daily at home as well as my place of employment from third party companies claiming I took out a payday loan to which I never took out. They told my employer that they will serve me with papers. I do not want to lose my job over this. I did take out payday loans and recently filed for bankruptcy to which all payday loans I did take out are included in bankruptcy. I do not know if this maybe one of them trying to collect under a different company name.

Asked on September 15, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you filed for bankruptcy protection and the debtors that the third party collection company is calling about were listed on your filed schedules as creditors, the calls to you at home and at work potentially could be deemed in violation of the automatic stay order under 11 U.S.C. section 362 concerning your bankruptcy and could be an unfair debt collection practice under your state's law on the subject as well as federal law.

If you have a bankruptcy attorney, you need to contact him or her about these calls from the third party debt collection companies. If you do not have a bankrucpty attorney, you should contact your bankrupcty trustee and file a pleading with the bankruptcy court about the situation after you speak with th third party collection company's representatives advising him or her about your bankruptcy and follow up with a confirming letter that you are not to be contacted further.

Good luck.


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