Do creditors call you constantly? Do you feel like you are being stalked or harassed by creditors? As a debtor, it is very important that you are familiar with your rights under the law and how they pertain to filing bankruptcy.
There are ways that you can work to stop creditor calls for good, but before you take action, be sure that you speak with a Tampa bankruptcy attorney to ensure that bankruptcy is right for you.
The moment that you file for bankruptcy you are protected under the automatic stay which is found in Title 11 § 362 of the U.S. Bankruptcy Code. As long as this legal injunction is in place, creditors are prohibited from violating certain terms and conditions. With the automatic stay, creditors are no longer able to:
-Pursue any legal actions against you or try to recover any claims that were made before the commencement of your bankruptcy case
-Enforce any judgment against you or your property that was obtained prior to the bankruptcy case
-Try to possess or exercise control over the property of or from your estate
-Create or enforce a property lien against your estate property
-Contact you or harass you either at home or at work
Once you file your bankruptcy petition, the bankruptcy court will mail notices out to every creditor that is listed in your petition. The notices could take several weeks to reach them, so you could also inform the creditors yourself and give them your case number as proof.
As soon as creditors become aware that you have filed for bankruptcy, they must cease any collections actions to recover debts. In severe cases, when a lawsuit is pending, special actions can be taken and creditors can be notified immediately.
Creditors actions are also limited under the FDCPA, or The Fair Debt Collections Practices Act. This act was enforced by Congress beginning on September 20, 1977 to counteract the extreme measures that creditors and collection agencies were using to force people to pay their debts.
The more you understand the FDCPA, the better chance you have of stopping creditor harassment. This act was created to protect debtors, not creditors, because it has the power to force creditors to end all contact with their debtors. You have the write to request in writing that their phone calls and letters desist because they are harassing and they must honor this request.
Those harassing creditor calls can become a thing of the past. If you are being harassed by creditors, be sure that you exercise your rights under the law and contact a Tampa bankruptcy lawyer about taking action to stop it. Call my office at (813) 223-4821 and schedule a free consultation today!