What if They Call After You File?
It’s bad enough that they call you when you owe you money. And it seems like we are getting more sales calls these days anyway. We really don’t need the creditors calling after you have filed. After you’ve filed for bankruptcy, creditors must immediately put an end to their collection efforts. Unfortunately, this typically does not occur, and you may continue to be harassed by creditors calling after bankruptcy.
Understanding Automatic Stay
Once you file your bankruptcy case, an automatic stay goes into effect. Automatic stay states that creditors cannot contact you to collect debts after you’ve filed for bankruptcy. It protects you from harassing phone calls, emails, and letters. Unless a creditor receives approval from the court to contact you, continuing collection activity after you filed bankruptcy is illegal.
When you file for bankruptcy, you should notice an immediate decrease in collection efforts. Since some creditors have some difficulty integrating bankruptcy notices into their systems, they may continue to call you. Other creditors may simply disregard the law and continue to harass individuals who have filed for bankruptcy.
If you continue to receive calls from creditors after you’ve officially filed your case, you should take action. You can’t assume these creditors will stop since they likely are not aware nor care that you are undergoing bankruptcy.
In this case, you should reach out to a bankruptcy attorney for help right away.
How to Stop Creditor Harassment After Bankruptcy
You likely filed for bankruptcy because you are ready for a fresh start. If you are still dealing with creditor harassment, you should not have to deal with this illegal and unpleasant behavior. Some tips to end creditor calls include:
- Explain that you’ve filed for bankruptcy: You should notify any creditor that calls that you have filed for bankruptcy. Although most creditors will stop contacting you once they discover you filed, a few may persist.
- Takes notes during every harassing call: Keep a record of all of the creditors who continue to contact you. Write down the times they call as well as what they say. This can serve as evidence for your lawyer to use in court if necessary.
- Contact a highly skilled bankruptcy lawyer: Once you’ve taken notes related to the harassment, you should consult a bankruptcy lawyer. Notify them that creditors continue to call you and share your evidence. They will inform the bankruptcy courts and begin necessary legal proceedings.
- Take creditors to court: If the harassment does not end, you may need to fight against your creditors in court. Here, you may be able to sue them for the harassment and emotional suffering they’ve caused.
Carolyn Secor P.A. focuses its practice in the areas of Bankruptcy and Foreclosure Defense in Clearwater, Florida. For more information, go to our web site www.BankruptcyforTampa.com or call 727-335-7151.