Storefront PDLS

Well, I don't believe that you can be arrested for defaulting on a PDL. What did she say when you said about the BK? She most likely was just trying to scare you into paying. Don't worry about it---do you have a case number yet for your BK? If you do and she bugs you any more, give her the case number also. BTW--can't your attorney take care of her?

To my knowledge, once you give her your attorney's information, she should be going through them, not you.

Also, since you have registered with this site, a consultant in your area will be contacting you soon to discuss debt consolidation or settlement. If you feel you do not need their services, please let them know when they call.

I don't have a case number yet. I did the means test & my attorney stated that I qualified for Chapter 7 bankruptcy. He will file on 12/30. I just responded to the message I left her this morning and she will probably contact me because my attorney is moving to a new office so she will probably have a hard time contacting them today.

Don't even worry about it! You gave her the attorneys number---Hey, if she is the assistant manager, most likely her manager told her to quit sitting around and get some work done and she decided to call you. She probably will be busy calling someone else today.

If he is filing on 12/30, and she is threatening legal action on 12/31, I don't see the problem. If she harrasses you after your case is filed on 12/30, you can complain to your attorney and have her reprimanded.

They cannot arrest you for defaulting on a payday loan.

Welcome to the forums. I dont think you have any thing to worry about. First of all there are no debtors prisions anymore. There would have to be a judgement against you for something like that to happen. They cant just come and pick you up. Also if you are going to file bankruptcy there is not much they can do. Keep in mind though that any debt that is less than three months old is hard to get included. KYSIDE38

That's what I was worried about. Some of my payday loans are only 60 days old.

It might be hard to get those included. It has something to do with the new law that was passed last October. I would ask my attorney. He will be the expert on that. KYSIDE38

andrews - discuss this fact with your attorney. They will be able to tell you whether you can include them or not. I would call him today to discuss it.

He told me to list all of the creditors that I owed money to. He didn't say anything about a 90 day period
when I asked him.

Andrews hopefully they all can be included. We will keep our fingers crossed for you. Best Wishes KYSIDE38

Then I would do just as he says - my attorney didn't bat an eyelash when I mentioned a payday loan that wasn't over 90 days old. It was included in my Chapter 13 plan. I think every state handles it differently.

And if this PDL is internet, csll 'em back and tell them to come and get you! This is classic blowing smoke up your u-know-what. Keep the recording, because you might be able to get them for harassment.

I was informed by a BK attorney today that the 90 day rule doesn't always apply in a Ch 13, but it does in a Ch 7. BTW, are we discussing a storefront or an internet pdl, b/c with a storefront, the attorney also told me that they would have to prove criminal intent before you could be arrested, such as closing your bank account or putting a stop payment on the check before it hits your account.

I agree with kscornell regarding the internet PDL's. All they are doing is just trying to get you to pay them back more money. Most of the time, the money you do pay them is more than needed according to state laws. Just let your attorney take care of them..