My CashCall Story

I had a loan with these people for about $2600.00. Paid half of it off. Anyways, my debts were pilling up & I had to file Ch7 BK. While I was in process of getting the BK paperwork together, the CC rep called and demanded payment or they would sue me (wage garnishment) before I could file the BK. I freaked out & said ok that I would pay them off via postdated checks. After speaking to an attorney, he advised not to pay them & include them on the BK. There is no race to the court house & a BK filing would halt (stop if discharged) any pending lawsuits. So I filed the BK with CC on it & called the rep to let them know I filed, gave the case# & not to pursue the check payments. I basically canceled the checks before the checks date.

They then told me it was check fraud & that I would be prosecuted & arrested. Well, for one, I gave them the case #, so that stops any collection efforts, postdated checks are not fraudulent (as long as the account is correct) & payment on any loan account is not fraud (in my state). Its only fraud if the account does not exist, was someone's else's, or was for exchange for immediate goods or services.
So, initially I was pretty freaked when they told me I was fraudulent, but after allot of legal research, including with my local DA, I realized that the only thing I did was change my mind (to go through & file BK). I did not intentionally deceive them in any way. This was about 2 years ago & my BK has since been discharged with them on it & I have not heard one peep from them. Bottom line, they will try to scare & threaten you. Don't give in & know your rights before making any decisions that could hurt you down the road.