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Stop Creditor Harassment

We Get Asked a LOT – Will Bankruptcy Finally Stop the Creditor Harassment?

Yes is the answer. As soon as your lawyer gets the Chapter 7 bankruptcy case number or a case number for Chapter 13, creditors are expressly prohibited from contacting you to attempt to collect the debt. No further efforts can be made to collect, and they cannot re-initiate lawsuits or any type of action against you for the debt. If they do any of these things they’ll be in open violation of the bankruptcy code’s automatic stay. You would just need to document it, get evidence if you like, and turn it over to your attorney, and they’ll help you from there.

FDCPA – Fair Debt Collection Practices Act

This is an Act of Congress protecting debtors harassment by creditors and collectors.  Credit harassment comes in many forms such as threats that they could somehow send you to jail, non stop phone calls, or calling or speaking to other people about your debt.  Simply calling back when they haven’t reached you or received a call back from you would not by itself constitute creditor harassment.

Under the FDCPA), collection agencies are prohibited from engaging in any kind of abusive, threatening, harassing, or other aggressive behavior as they attempt in collecting on a debt. Because the FDCPA really applies specifically only to third party debt collection companies, which have been hired by banks, credit cards, retailers, hospitals, and others, and as such, those who are using an in-house collection group would not be specifically covered under this act. For this reason, filing bankruptcy is the main method to stop any kind of in-house creditor harassment such as direcly from your creidt card company, directly from the hospital, or ohter medical group to whom you may owe a debt.

They Must Cease Contacting You Immediately

They cannot make threats, but they can send strongly worded, stern letters, report your activity to credit bureaus, and more. Hence, bankruptcy would be the option that would immediately halt these actions by creditors, whether in house or through their collection company.

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Bankruptcy Holds Peace of Stopping Creditor Harassment

Remember, that you hold the power through your bankruptcy attorney to cease harassing calls, creditor harassment, and continued negative impacts to your credit on an ongoing basis. Filing bankruptcy creates a legally binding, automatic stay which prohibits the creditor from contacting you in any way.

Filing Bankruptcy

If you’re not able to make minimum payments to credit cards, are behind on your house payments, or risk your car being repossessed, filing a Chapter 7 bankruptcy or Chapter 13 will also stop these.

After you file, all inquiries by your creditors are simply directed to your bankruptcy lawyer, and if they call you after that for any reason at all, your lawyers will be prepared to sue them and obtain financial damages for their actions.

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