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hello, have a question

Submitted by on Wed, 03/28/2007 - 08:27
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If I have a storefront pdl (where you have to write a check) and I file bankruptcy, can they come after me if I cancel the check? I mean, the day I file they cannot collect right? so I have every right to cancel the check?


You are correct sswett in this theory.Most states have written an exclusion on criminal matters coming from a pdl lenders after seeing all the problems they cause.Bouncing a check where I am from to a store will get your butt thrown in jail rather quickly. District attorney usually will give you 30 days to clear up and then it is a criminal matter.


Submitted by cajunbulldog on Wed, 03/28/2007 - 09:19

cajunbulldog

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I would seek the counsel of your bankruptcy attorney prior to cancelling that check. That could be a problem.

If you took out the payday loan very recently and are filing bankruptcy (and plan to include said payday loan), that may be a problem as well. Most debts incurred within a certain time frame prior to filing bankruptcy are not dischargeable, and will not be able to be included in your filing.

You need to tread carefully on this one and consult your bankruptcy attorney before making any moves at all.


Submitted by SUEBEEHONEY70 on Wed, 03/28/2007 - 09:40

SUEBEEHONEY70

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It's a bit different then writing a check to a store. Most states don't allow criminal prosecution for that sort of thing, but a few do. I would also recommend consulting with your attorney.

If you state does allow you to stop payment on a check without the chance of criminal prosecution, then once you file for bk the pdl will not be allowed to pursue collections.


Submitted by goudah2424 on Wed, 03/28/2007 - 14:14

goudah2424

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