Adam Law Group Blog

How Creditors Must Respond After You File for Bankruptcy

After you file for bankruptcy, all of your creditors must stop calling you in an effort to collect compensation. Unfortunately, creditors do not always follow the rules, and some people report that they are harassed by creditors even after declaring bankruptcy. If you are experiencing difficulties with a creditor, you should not hesitate to contact an experienced attorney who can help make sure that your rights are protected.

The Value of Automatic Stays

An automatic stay refers to a legal action that prevents creditors from collecting debts. After you file for bankruptcy, an automatic stay goes into effect that states that creditors are prohibited from collecting your debt while you file for bankruptcy. This stay also protects individuals from harassing emails, letters, and phone calls.

As a result of the automatic stay, many people who file for bankruptcy notice an immediate decrease in collection efforts. Some creditors experience a difficult time integrating bankruptcy notices into their system, which means that they might continue to contact you. Other creditors disregard these laws and continue to harass individuals even after they have filed for bankruptcy. Fortunately, an experienced bankruptcy attorney can help you make certain that these debt collectors stop attempting to contact you.

Ways to Respond to Creditor Harassment

Unfortunately, creditors sometimes still try to harass individuals after automatic stays have been put into effect. There are fortunately a number of steps that a person can take to respond to harassing creditors, such as:

  • Explain that you have filed for bankruptcy to creditors. This will likely result in most creditors discontinuing calls to you.
  • Take notes during each creditor call. Write down the times of day that creditors call as well as what they say because this can be used as evidence in a court of law if necessary.
  • If harassment does not end, it is possible to pursue matters in a court of law. In these situations, you might be able to sue for harassment and emotional suffering that these creditors cause.
  • Many people assume that if someone is calling them about a debt that they want to collect, that the person who is calling is in the right. In reality, until you have both notice and proof of a debt, you should not make an effort to pay anything. Even if you are aware that you owe the money, it is still important to make certain that the debt collector proves it to you.
  • Not all creditors are going to be impossible to handle. Sometimes, smaller payments can be exchanged for waiving upfront payment fees.

If you feel that you are subject to debt collection harassment and it is impossible to control, you should not hesitate to seek legal representation to make sure that debt collectors stop bothering you.

Speak with an Experienced Bankruptcy Attorney

It is important to remember that if you file for bankruptcy, there are laws in place that prohibit harassing behavior by creditors. Contact the Adam Law Group today to speak with an experienced attorney who can help.