Many of our clients initially consider filing bankruptcy because they want to stop bill collectors and other creditors from harassing them at work or home. Creditor harassment is illegal and can be stopped, and there are many options that accomplish this result.
Bankruptcy will stop creditor harassment immediately. If a creditor ignores your bankruptcy filing and disregards the automatic stay, there are severe consequences for the creditor, including hefty fines and contempt of court charges. If a creditor calls you after your bankruptcy petition is filed and attempts to collect a bill, simply inform the creditor of your bankruptcy filing, including the case number and filing date and the creditor should back down. If a creditor persists in harassing you in violation of federal law, contact a lawyer immediately.
While bankruptcy will stop creditor harassment, you don’t need to declare bankruptcy to stop creditors or bill collectors from contacting you. The Fair Debt Collection Practices Act also prohibits many types of creditor harassment and applies to bar creditor communications with a debtor in most contexts.
In summary, no client should ever have to cope with creditor harassment, and illegal harassment can be stopped both in and out of bankruptcy. If you have been the victim of creditor harassment, Nova Law Group will be happy to consult with you regarding your legal options.