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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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