After filing bankruptcy; is it legaI for loan collections agency to come back for electronics insufficient funds fees?

UPDATED: Aug 15, 2012

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After filing bankruptcy; is it legaI for loan collections agency to come back for electronics insufficient funds fees?

I filed bankruptcy a few years ago and payday loan was included in my bankruptcy claim. I just received a call at work from a collection agency said I now have a claim against me pertaining not to the unpaid balance but for insufficient funds fees because payday loan electronically trying to pull the balance from my checking account resulting in several insufficient funds fees before bankruptcy and threatened criminal charges if I do not settle outside of court to pay those fees. Is that legal for them to come back to me a few years later to collect insuffecient funds fees?

Asked on August 15, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a discharge of the debt that you have written about with respect to the pay day loan, its new claim for insufficient funds fees is without merit since the debt has been discharged. As such, the third party debt collection company should not be trying to pull money from your bank account.

As to the threats made to you, such are in violation of state and federal laws with respect to unfair debt collection practices. As such, you might want to consult with a consumer law attorney about the best way to try and resolve the matter you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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