Philip L. Weiser
Will Filing for Bankruptcy Stop Debt Collectors from Calling?
Debt collectors are permitted to interact with you and recover the money you owe them. Unfortunately, some of these collection agencies use deceptive means and threatening techniques. Dealing with continuous calls and letters from debt collectors can be overwhelming. If you are going through financial adversity and considering filing for bankruptcy, you must have lots of unanswered questions, such as:
- How do I stop receiving the numerous calls, texts, emails, and letters from the creditor?
- Will collection agencies stop all of their collection efforts and harassments after I file for bankruptcy?
Call my law firm, Philip L. Weiser, Attorney At Law, today to speak with an experienced Kansas bankruptcy attorney. I can provide answers to your questions about filing for bankruptcy in the state of Kansas. I proudly serve clients throughout Wichita, Sedgwick County, Sumner County, Harvey County, Butler County, and Reno County, Kansas.
What is Creditor Harassment?
Debt collectors or collection agencies are allowed to recover the money owed by debtors. They can send letters, texts, or call you between 8 a.m. and 9 p.m. However, they must not contact or call repeatedly within a short period. Also, they are prohibited from using threatening techniques, deceptive means, or other acts of provocation.
What’s more, if you haven’t filed for bankruptcy, calling and sending you letters at reasonable intervals may not be considered as creditor harassment. Creditor harassment involves a series of provocative actions, including intimidating, bullying, abusing, coercing, or browbeating consumers or debtors into paying off their debts.
Furthermore, harassment could happen over the phone, through emails, texts, direct mail, and so forth. In fact, these collection agencies can go to the extent of talking to neighbors, employers, or friends about your debt.
Will Filing for Bankruptcy Stop Creditor Harassment?
Yes. Under U.S. bankruptcy law, creditors must stop all of their collection efforts immediately, once a debtor petitions for a Chapter 7 bankruptcy, or any other bankruptcy option. Once you’ve filed, the “automatic stay” goes into effect.
An automatic stay is a federal injunction that prevents creditors or collection agencies from contacting you to collect debts after you’ve filed for bankruptcy. The injunction specifically states that creditors are not allowed to;
- Call you
- Send texts, letters, or emails.
- Foreclose on your home
- Repossess your collateral
- Place a lien on your property.
- Continue or file a lawsuit.
The automatic stay order protects you from harassing phone calls, letters, emails, as well as other similar activities. It becomes illegal for a creditor to harass you after you’ve filed bankruptcy. However, it may look like some of your creditors didn’t get the notice.
According to Debt.org, the Consumer Financial Protection Bureau (CFPB) received over 163,000 consumer complaints about debt collection between July 2013 and July 2015. If a creditor ignores the automatic stay order and continues to call, you should reach out to your Kansas bankruptcy attorney immediately to protect your rights.
Do I Need A Bankruptcy Lawyer?
Filing for bankruptcy is a huge decision. You are well within your rights to file for bankruptcy on your own, however, you don’t have to navigate the complicated bankruptcy process alone. An experienced bankruptcy lawyer can:
- Review your case to help you determine whether you are eligible for Chapter 7 or Chapter 13.
- Guide you through the filing process.
- Negotiate to set up the best possible arrangement for your unique financial situation.
- Handle any ongoing creditor harassment.
- Advise you on how to rebuild your credit, avoid common pitfalls, and take precautions so as not to end up back where you started.
As a knowledgeable bankruptcy attorney based in Wichita, Kansas, I will review your case and help you determine your best option going forward. Also, I will help you determine if you qualify for Chapter 7 bankruptcy. Call me today for a free consultation.
Bankruptcy Attorney Serving Wichita, Kansas
No one deserves to be harassed by debt collectors after filing for federal bankruptcy protection. If you continue to receive harassing calls, texts, emails, and demand letters from creditors, I can help. Call my law firm, Philip L. Weiser, Attorney At Law, today to schedule a free case evaluation. Based in Wichita, I serve clients throughout Sedgwick County, Sumner County, Harvey County, Butler County, and Reno County, Kansas.