If you’re behind on your payments, debt collector calls can be a constant annoyance. Filing for bankruptcy can be the lifeline you need to make a fresh start. Not only will your debt be wiped out, but your creditors are legally barred from continuing to contact you during and after a bankruptcy.
When And Where Can They Call?
There are laws set in place limiting how often creditors are allowed to pester you. For instance, they cannot call you before 8 a.m. or after 9 p.m., and they cannot contact you at work if you explicitly tell them not to. They are also not allowed to harass or lie to you, and they are legally required to stop calling if you submit to them in writing that you’d like them to do so.
To request that a creditor stop calling you, simply ask for their mailing address and send them a letter that tells them to stop contacting you. Keep a copy of your letter for your records, and pay for a return receipt from the USPS. That way, you’ll be notified as soon as the creditor receives your request. If you continue to experience collection calls, talk to your lawyer immediately. They are still legally allowed to contact you one more time in order to inform you that they will stop calling or to notify you that they will be taking legal action.
An automatic stay goes into effect as soon as you file for bankruptcy. It specifically states that you have begun the bankruptcy process, and all contact from the creditor must end. It protects you from harassing communication, including calls, emails, and letters.
What If They Still Don’t Stop?
If you receive a call shortly after filing for bankruptcy, you should only have to tell them that an automatic stay has gone into effect for them to leave you alone. Provide the caller with the case number of your bankruptcy, and make a note of the time and date that you informed them. If they do not heed this warning, contact your lawyer immediately. They can provide your evidence to the court, which will then sanction or legally punish the collector.
If you are receiving harassing phone calls from debt collectors, call Natural State Law, PLLC today at (501) 916-2878. Let us help you achieve peace of mind.