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Is this even legal? They took money from me. Update

Anonymous
Posted by Anonymous
  • 79 Replies
1 mom liked this
I went through a bankruptcy late last year. All charges were discharged. All debts were removed from my credit report afterwards.

I went to switch insurance companies. When I did, they took the premium amount off my debit card which of course I okay'ed.

A few hours later I noticed my debit card balance was a lot less than it should have been. I went and looked at my statement and saw that Geico had taken out $120 in addition to my premium. I called them and they said that it was because I had a past due balance from 2 years ago with them. I explained it was discharged in my bankruptcy. Not only that but I had never even been notified this would be charged to my card, I definitely never agreed to pay it (because why would I pay a debt that I no longer owe?), and I was never sent a receipt for that payment (though I was sent one for the premium amount).

Does this sound shady to you? It doesn't even seem that it would be legal. The cs rep an the supervisor both tried telling me that just because the debt was discharged in my bankruptcy doesn't mean I don't owe it to them still. Actually, that's exactly what it means.

I no longer had that debt. It was gone due to the bankruptcy. Furthermore I think them taking that money with no notification and sending no receipt is shady.

I'm waiting on a call back from my lawyer.


Update - I called my bank. The charge is disputed and the amount is held so they can't take it. I am still waiting on a call back from my lawyer. Oh and I don't care if you agree with bankruptcy or not. The fact of the matter is bankruptcy is legal and it's my right to file if I see fit. Also if the courts decide to discharge a debt that's up to them. Once again it's legal. Whether you agree wth it or not if a debt is discharged I legally no longer owe that money. The fact is they took an unauthorized payment which is illegal. And of course the debt was included on my bankruptcy.
Posted by Anonymous on Apr. 14, 2014 at 2:09 PM
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Replies (1-10):
LSeabolt1982
by Silver Member on Apr. 14, 2014 at 2:11 PM
1 mom liked this

I would call your bank and tell them you did not authorize this purchase.

 

happymia
by Silver Member on Apr. 14, 2014 at 2:11 PM
I'm not sure how that works, so here's a bump
firespurity
by Ruby Member on Apr. 14, 2014 at 2:11 PM
I feel as though it's legal, but I don't actually know.
shaye
by Bronze Member on Apr. 14, 2014 at 2:12 PM
Get a hold of your bankruptcy lawyer. He/she will handle it for you.
silverdawn99
by Ruby Member on Apr. 14, 2014 at 2:12 PM
1 mom liked this

lol it is legal i would think

you just cant keep racking up bills and not expect to pay them

teaandcookies
by Silver Member on Apr. 14, 2014 at 2:12 PM
2 moms liked this

if you have the money now, why not pay it?

Anonymous
by Anonymous 2 on Apr. 14, 2014 at 2:12 PM
No idea. Here's a bump.
AngelSinger
by Platinum Member on Apr. 14, 2014 at 2:13 PM
Get some legal advice. And good luck.
Anonymous
by Anonymous 3 on Apr. 14, 2014 at 2:13 PM
Idk. I have no clue how you could just get out of paying your responsibilities in the first place. Why should they go down financially with you? (clearly I have no clue how bankruptcy works).
JanineDeer
by Janine on Apr. 14, 2014 at 2:13 PM
1 mom liked this

I guess all you can do is get the right answer from your lawyer.   I am curious to know what he says

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