Bill collectors can be very persistent. What do you do if creditors keep calling and writing you after you have filed for bankruptcy?
After you have filed a bankruptcy, if one your creditors contacts you by phone or mail, their action may be considered a violation of the bankruptcy court’s automatic stay and/or the Fair Debt Collections Practices Act.
If the creditor contacts you by phone, you might want to inform the creditor you have filed for bankruptcy, state your bankruptcy case filing number, and then ask them not to call you again.
If the creditor contacts you by mail, you might want to send them a certified “Cease Contact” letter. In this letter, you can inform the creditor you have filed for bankruptcy, include your bankruptcy filing number, and demand they immediately stop contacting you. Keep a copy of the dated letter and the certification receipt for your records.
If you have a bankruptcy lawyer and the creditor calls, you should tell the creditor you have filed for bankruptcy and have a lawyer. Then, give them your lawyer’s name and phone number and ask them not to call you again.
If you have a bankruptcy attorney and the creditor contacts you through the mail, take the creditor’s mail and give it to the lawyer for him or her to handle. He or she can help you determine what to do next, if anything.
In the unlikely event the creditors should continue to contact you after you have informed them to stop either through a “Cease Contact” letter or through your lawyer, you may have grounds to seek a settlement against them for a violation of law.
It is a violation of the Fair Debt Collections Practices Act for bill collectors or creditors to continue contacting you once you have legally informed them to stop. If convicted of the violation, creditors might have to pay you damages and legal fees.
Your bankruptcy judge should be notified if a creditor breaks the automatic stay placed into effect by the bankruptcy court. A violation of the automatic stay might bring severe consequences to the violating creditors, depending on the court of jurisdiction.
These options listed are just suggestions to stop creditor harassment. If you have a bankruptcy lawyer, notify them and the attorney can take action on your behalf.
If you live in or around the metropolitan area of Denver, Colorado contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney to answer your bankruptcy questions.
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