It is not unheard of for a collections agency to pursue someone who's going through or is post bankruptcy discharge. There can be two reasons for the activity. Either they do this at risk of being sued or the individual did not put that particular debt into their schedules. Any attempt to collect a debt that was covered by bankruptcy is illegal and can give the individual the right to sue for damages.
When a Debt Collector Can and Can't Pursue You
Some debts can survive a bankruptcy. Those that do can be legally pursued by a collections agency. It's important to be aware of which ones you'll still be liable for and use a filing to negotiate better terms. Any accounts that were not listed can also stay active after discharge in most cases. This is why it's important to make sure that all debts are listed in the petition to avoid having it bite you later.
The bankruptcy courts in some areas have ruled that a no asset chapter 7 can trump all debts, even ones that aren't listed. So for some, this means you can legally tell a creditor that your debt with them has been discharged and they cannot make any further attempt. In fact, they have to list the account as being included in bankruptcy on your report. All other forms of filing, such as a chapter 7 with assets and a chapter 13 are more strict, and will most likely not let an unreported creditor slide by.
If a collections agency is attempting to collect on a debt that was discharged in bankruptcy, they are violating the law. The court has found that you are not and cannot be held responsible anymore. The company that is pursuing you for the balanced owed is most likely figuring that you're unaware of the laws and can get away with their behavior. If this is happening to you, you must make note of all contact attempts. Save voice mails, write down the time and date, and put it all into a log. This will be your evidence in court if you decide to take legal action for harassment.
Legal Assistance for Collections Harassment
In the situation that a collections agency is trying to get money out of you, despite their being included and discharged, you should talk to a lawyer. The Fair Debt Collections Act is just one of the laws that are on the consumer's side, allowing you to recover damages. Consult with a lawyer for information about what you need to do in order to start a suit.
