Calls in the early morning or late at night, calls that are repeated over and over, inappropropriate language. If you are dealing with a significant amount of debt and experiencing any of these things, you may be looking at creditor harassment. While it’s unfortunate, and in some cases, illegal, it does happen.
This can cause an already stressful situation to become even worse. If this is something you are experiencing, it could be another reason why filing for bankruptcy may be a good option.
How bankruptcy stops creditor harassment
For those who have excessive debt and have missed debt payments, hearing from creditors is likely to happen. They may call, write, or both. They may threaten lawsuits, foreclosure, wage garnishment, and claim that they will take other legal actions.
But this can be stopped. Filing for bankruptcy protects you from creditor harassment and other debt collection activities. When you file, you enact the automatic stay, a legal injunction that stops creditors from taking any legal action against you. This stops them from calling and writing you. The automatic stay goes into effect immediately, which often gives our clients peace of mind, knowing that this anxiety-inducing behavior from creditors will stop.
Your rights as a debtor
While you are dealing with creditor harassment, there are a few things you should know. Debtor’s rights protect you from certain actions some creditors might take. According to the Fair Debt Collection Practices Act (FDCPA), debt collectors and creditors cannot do these things:
- Contact a debtor repeatedly
- Contact a debtor at unreasonable hours
- Contact a debtor’s employer if they’ve been told not to
- Fail to identify themselves as a debt collector or creditor
- Contact a debtor’s friends, family, or neighbors without permission
- Utilize deceptive tactics
- Make threats related to child custody, arrest, or loss of welfare benefits
- Make threats of repossession when not authorized by the law
- Use derogatory, obscene, or insulting words
- Contact a debtor after they’ve been told not to and to contact a lawyer representing the debtor instead
While it is important to know your rights, the best course of action you can take if experiencing creditor harassment is to contact our attorneys at the Law Office of W. Thomas Bible, Jr. We can help you understand what your options are and determine if filing for bankruptcy is the best plan.
As soon as you retain our firm for your bankruptcy case, you can tell your creditors that you are being represented by us and that they should communicate with our attorneys about your debts. This is how you can end creditor harassment once and for all and begin the road to recovery for your finances.
Discover Tom Bible Law in Chattanooga, TN
If you are struggling with excessive debt and looking for a sound solution, the attorneys at Tom Bible Law, can help you explore your legal options. We have helped numerous clients from Chattanooga and throughout Tennessee and North Georgia achieve their debt relief goals by guiding them through the bankruptcy process. We work with every client personally, giving each and every bankruptcy case the time and attention it needs. We understand the financial pressures our clients are facing and work to resolve their debt problems in a favorable, cost-effective manner. Our bankruptcy lawyers have more than 80 years combined experience and are here to help. Call us today at 423.424.3116 or drop us a note here.