When you file for bankruptcy, you are granted a stay on most of your debts. Essentially, this means your creditors cannot contact you or attempt to collect the debt. What happens, though, if the creditor keeps calling and harassing you through the mail, at your work, or at your home? Rest assured: you can enforce the protections that bankruptcy offers.
When Contact is a Genuine Oversight
All creditors know (or should know) that a bankruptcy filing means they must cease all contact with the debtor. As such, most who violate this rule have simply experienced an oversight. Perhaps they did not remove your name from the system properly, or have not received the paperwork yet that notifies them of your filing. In any case, it is important that you not panic during the initial contact from a creditor. Instead, simply inform them that you have filed for bankruptcy and politely refer them to your attorney.
If the contact was made by phone, document the date and time of the call, the agent’s name and extension number (if applicable), and the creditor’s name and phone number. If the contact was by mail, copy or scan the mailing (after you written down your note regarding the bankruptcy filing and your attorney’s number). This information gives you proof of contact and ensures you can take action, should they continue to harass you.
When Your Notice is Ignored
If you have already notified a creditor of your bankruptcy filing, have referred them to your attorney, and they still call or otherwise attempt to contact you, it is time to take the next step. Again, you should document the contact. Yet this time, forward the information to your attorney. Let your lawyer know that you have already notified the creditor of your filing, and that you have provided them with your number. From here, your attorney can contact the creditor and let them know they are in violation of the stay order.
If the creditor continues to contact you, even after you have spoken with your attorney, do not lose your temper. Instead, let your lawyer know the dates and times of the phone calls or letters. If necessary, he or she can summon the creditor to court. At the very least, they may be reprimanded and instructed by the judge not to contact you. Some may also be subject to fines and/or punitive damages. Your attorney can walk you through the process and your options.
Contact Our Tinley Park Bankruptcy Lawyer
Filing for bankruptcy is not an easy decision. Creditor harassment after you file does not make it any easier. Thankfully, you can have the Law Offices of Eric G. Zelazny on your side. Dedicated to your best interest, our Tinley Park bankruptcy lawyer can take quick and effective action to stop creditor harassment. Because we care about your future, we even provide guidance on how to make the most of your new start. Get the quality representation you deserve. Call 708-888-2299 and schedule your free consultation with us today.