Legal Question in Criminal Law in Georgia

Can they file criminal charges?

I was working for a finance company about 2 years ago. My boyfriend and his father both received loans there and after awhile, stopped paying them. My manger made me pay on them until I couldn't afford to anymore and then used my job over me and told me I had to refinance them to keep them up to date. About a year and a half after I left, she got fired and the new manger made me put a loan in my name and pay those other two off. I have recently filed a chapter 13 bankrupcty due to the fact that I can't afford to make all of my payments and when the finance company found out about it, they called and said they were filing criminal charges against me for the loan. I'm just assuming the ones that I paid out being fraudulent, maybe? Since the new loan is in my name, can they do that? And if so what can I do? Casey


Asked on 1/30/06, 2:41 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Can they file criminal charges?

I am not sure why you are asking this here, as this is something you should be discussing with your Chapter 13 attorney. Part of his job is to deal with your creditors and a threat to jail you over a loan, in addition to possibly violating the Fair Debt Colections Act, probably is a violation of the Automatic Stay and can likely be dealt with by a contempt case against this person. Make sure you speak to your lawyer at once.

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Answered on 1/30/06, 2:52 pm


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