Will Bankruptcy Stop Creditor Phone Calls & Harassing Contact?

Sep 10, 2010 No Comments by

Yes, once a person has case number after filing either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, a creditor is prohibited from trying contact the debtor in any attempt to collect a debt.  With the bankruptcy in place creditors cannot initiate or continue any lawsuits against you or pursue any wage garnishments.  In the event that a creditor is trying to contact you or attempt to collect a debt after the bankruptcy has been filed, they would be in violation of the automatic stay bankruptcy code.  If this were to happen it would be in your best interest to document every type of contact by writing down the dates, times, people that you spoke with, and the company they are affiliated. Afterwards, contact your attorney and let them know that the bankruptcy’s automatic stay was violated.

The Fair Debt Collection Practices Act (FDCPA), is a law that protects the debtor from being harassed by a creditor or bill collector.  Examples of creditor harassment is when a debt collector threatens to send you to jail if you don’t pay your bills, constant phone calls harassing you to pay the bill, or a threat of bodily harm in anyway.  However, if the debt collector calls and doesn’t get you and calls back in an attempt to reach you, this scenario does not constitute debt collection harassment.

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However, you do have the ability to stop harassing phone calls and other creditor harassment by filing bankruptcy. The bankruptcy will create an automatic stay that makes it so the creditor may not continue to contact you. To learn more, contact us today to set up your free, no strings attached, bankruptcy consultation.

After You File, Automatic Stay, Bankruptcy, Chapter 13, Chapter 7, Creditors, Duncan Law Blog, Video
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At Duncan Law, LLP our goal is pretty simple. We try to make people's lives better. And in doing so we try to treat people the way we would want to be treated. It's just that simple.

We practice primarily in the areas of bankruptcy and workers' compensation. We have offices in Charlotte, Greensboro and Winston-Salem, NC.

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