Dealing with overbearing and invasive debt collectors can be frustrating and overwhelming. Incessant phone calls, threatening letters; even visits to your home or work, debt collectors can be ruthless. Many people are unaware that filing for bankruptcy can put a stop to the all the relentless debt collection attempts.
Notifying creditors is one of the first steps that occur when filing for bankruptcy. Creditors must stop all collection letters, phone calls, pending lawsuits or any action they may be taking to collect on any debt held against you.
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Stopping creditors from further attempts to collect outstanding debts is called an "automatic stay". Immediately after filing bankruptcy with the court an automatic stay is in effect. The automatic stay remains in effect until your bankruptcy case is concluded. Creditors are not legally allowed to call you, send you threatening letters or harass you in any way, shape, or form while a bankruptcy case is pending.
Creditors can be subject to severe penalties if they break the conditions of the automatic stay. Consider the court a buffer between the creditors and the debtor. Everything must go through the court, including any objection to the automatic stay. A creditor may file what is called a "proof of claim" which is an official form used by the creditor in an attempt to get paid by the trustee or debtor. But more importantly, there is no direct contact between the debtor and the creditor during bankruptcy, and any attempt to do so by the creditor is against the law.
It is common to find debt collectors using misleading or even illegal methods in an attempt to convince a debtor to pay their debt immediately. Threatening and harassing behavior by debt collectors should not be tolerated. These collection agencies are not a special group of law enforcers and are governed by laws that prevent abusive behavior.
Some of the practices a debt collector may do, but debtors should not put up with:
Make False Claims of Authority.For example, the collector cannot threaten you with arrest or jail time.
Use Expletives. No one has to put up with harassing phone calls of obscene language.
Call Your Workplace. If a collector does call your work, inform them that you do not approve of them calling you there and they must desist.
Negatively Affect Your Credit Scoreif you file a dispute of the amount owed or file for bankruptcy.
Remain AnonymousIt is required for anyone attempting to collect a debt to state who they are and whom they represent.
Refuse to Send a Written Notice Within five days of the first phone call you received from a collector you can request that a written notice is sent. This can be useful to your bankruptcy lawyer.
Contacting a professional Las Vegas bankruptcy attorney can be the first step to putting a stop to harassing debt collectors. It is imperative that you find an experienced bankruptcy attorney to represent you if you do decide to put a stop to debt collection harassment. Many bankruptcy lawyers will offer a free consultation to help you decide if bankruptcy is right for you.
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