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  1. #1
    Join Date
    Mar 2013
    Posts
    2

    Default Can You Be Charged With Check Fraud During Bankruptcy

    My question involves bankruptcy in the state of: Colorado
    I filed for chapter 13 in December 2012. I have an attorney. Yesterday (Saturday), I received a call from a county government official stating they have a warrant out for me and will arrest me if I don't phone some attorney. They claim I have 2 felony charges against me for check fraud. This is in regards to a payday loan that was taken out in June of 2012. I paid on it for 6 months and then filed chapter 13 and this debt was included in that. I have contacted them in the past to remind me that I am protected under chapter 13, but they are still having court officials (at least that is who they state they are on voicemail) contact me and threaten to arrest me.

    I called the number they indicated to call today and left a voicemail stating I was in chapter 13 (866-529-4465).

    I researched the number that contacted me and left the voicemail and it shows as arapahoe co government. I don't know if this is a scam or what, but can I be arrested even if it is harrassement by a creditor?

    I will contact my attorney tomorrow, but don't have a number to reach him on the weekends. Thank you for any support you can provide.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Harrassment by Credtor

    Sorry but BK protects you from debt. If there is a crime involved, the BK won't protect you from prosecution of that.

    I would make certain the person attempting to contact you is actually a government official and not simply an attempt to collect on the debt by the payday loan company. If it is contact from the payday loan people, then of course once notified you have filed BK (and provided them with your case number and preferably your attorney's name), they must stop all collection attempts.

  3. #3
    Join Date
    Mar 2013
    Posts
    2

    Default Re: Harrassment by Credtor

    Thank you, when I contacted the payday loan place a few weeks ago, they said they were going to proceed to file suit against me for check fraud and since I have never committed check fraud, I'm certain that is who it is.

    They said when I took out the payday loan, and then later closed my bank account (becasue it was compromised and I opened another at the same bank), they said I was committing check fraud.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Harrassment by Credtor

    your actions could be seen as fraud.


    As I said before, make sure the people calling you are government employees and not some folks working for the payday loan people.

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