Overdrawn and Plan to File Bankruptcy - PDL's

Well I guess first of all I want to ask are you using a lawyer for your BK and if yes, have talked to him/her about all this?

Many banks will not close your account at this stage in the game. Same thing happened to me last year, my bank kept charging me until it reached the tun of almost $1700. Then they finally closed the account and sent it out to a CA to try and collect. I will be filing Chapter 13 in July.

Jackie, are the PDL's legal in your state? If they aren't, you might not be able to include them. IF they are illegal in your state, send them a ACH Revocation letter, 3 days prior to their draft date. All banks are required to honnor it under the "electornic funds transfer act" I think is what it's called.. someone will correct me if i'm wrong. Once you have all the letters done, give each copy to the bank. They cannot by law let those pdl's come through, or they'll be in big trouble. If you did all this and the bank is still debiting your account, please contact your states DFI and OCC.

beli- payday loans are not legal in my state and i included them in my bankruptcy - the attorney said to include anything as long as i got a physical address

Ahh okay Beal, I'm getting conflicting information from other posters. I guess some attorney's aren't letting them include them (not sure if they have physical address, and or if it's because the address was overseas?)

i do not know, to be honest - i also saw conflicting posts. i live in NJ and all payday loans are prohibited but i had USA addresses for all of them.. i do not think bankruptcy really affected them since they are not legal to begin with but i did throw them in.
to be honest i really do not know but that is how mine was handled back in 2006

Yeah, that's how mine was handled back in 2001 too but it was for a brick & morter store. My bankrutpcy attorney at the time told me I needed to included everything. You can't pick and choose what goes in.

mine told me it was up to me.. i think attorneys all say different things? i also do not think my attorney had any clue they were not even legal - i had no idea until i found this board (and like a dummy got myself in trouble again with them!! but never again..)

Are you saying that when the PDL loan companies are notified of a bankruptcy stay that they will not recognize it and just keep trying to collect from me? I have several illegal payday internet loans: 500fastcash, usfastcash, zip19, discountadvances and one internet legit company-CashNetUSA. Do they adhere by the law and stop collecting when it goes into bankruptcy? I live in Florida.

Since they are illegal, chances are they won't. Hell they don't adhere to US laws as it is, so I highly doubt they will adhere to a bankruptcy stay. If you only have one legal lender, I personally wouldn't file bankrtupcy just because of payday lenders, specially if it's just one. Now, if you have other bills such as credit cards etc that you feel you can't afford, then that's a different story. Have you talked to a bankrutpcy attorney yet?

As far as for the Bank, have you revoked the payday lender's ACh's withdrawl? You have that right under the electronic fund transfers act. I'd get one written up and handed to the bank right away,so they won't debit your account anymore. Have you tried talking to the branch manager? Or have you just been dealing with customer service? I'd have a sit down talk with the Branch manager when you give them the Ach revokes.

There is a sticky at the top of the payday help section on dealing with illegal payday lenders.

i had a company that i included with my bankruptcy who kept calling me and harrassing me.. my lawyer wanted me to pursue sueing them but i just wanted it over. at first i regerted it but now i am not sure if a lawsuit would ever even work out because who knows where this company really is? :(