After you file for bankruptcy, your creditors should discontinue their efforts to collect on debts. This, however, is not always the case, and sometimes people continue to be harassed by creditors even after filing for bankruptcy.
If you are harassed by creditors after filing for bankruptcy, you should understand some important details about your rights and debt collection calls. Most importantly, know that you have a right to be free from creditor harassment after filing for bankruptcy.
The Role of Automatic Stays
After you file for bankruptcy, an automatic stay goes into effect. These stays prohibit creditors from contacting you to collect debts. Consequently, these stays mean that you are protected from receiving emails, letters, and phone calls by creditors to collect on an amount. Provided that a creditor does not receive permission from the court to contact you in such a way, doing so is illegal after you file for bankruptcy.
This is why many people who file for bankruptcy promptly notice a substantial decrease in collection efforts. Because some creditors might not promptly receive notice that you filed for bankruptcy, however, you might still receive some contact before they receive such notification.
Unfortunately, however, some creditors continue to harass and bother people even after they file for bankruptcy. If you receive communication from creditors, you should promptly take action. A skilled bankruptcy attorney can help you make sure that creditors receive notification of your bankruptcy filing as well as help you hold creditors who violate these terms accountable.
Tips on Stopping Creditor Collection Efforts After Bankruptcy
Bankruptcy is an attractive option because it offers a second chance at building a strong credit history. Simply put, if you continue to be harassed by creditors after filing for bankruptcy, it is much more difficult to make the most of this opportunity. You have a right to be free from creditor harassment. Some of the tips that frequently work to stop collection efforts by creditors include:
- Explain that you have filed for bankruptcy. Not all creditors are up to date with the most recent information. Sharing this news will dissuade most creditors from contacting you further.
- If you continue to receive collection correspondence from creditors, make a detailed log of when you received the contact, what type of contact it was, and what the creditor said. If necessary, you can use this log as evidence later to establish that a creditor violated the terms of the automatic stay.
- Sometimes, creditor harassment does not end even once they have been told that you have filed for bankruptcy. In these situations, a bankruptcy attorney can help take the creditor to court. These lawsuits involve the resulting harassment as well as any emotional suffering that you might have experienced as a result.
Speak with an Experienced Bankruptcy Attorney
No one should be harassed by creditors after they file for bankruptcy. If you continue to receive this type of communication from creditors, you should not hesitate to speak with a knowledgeable bankruptcy attorney. Contact the Adam Law Group.