When you owe money to creditors and fall behind on your debt, they can take measures to collect the debt you owe. While filing for bankruptcy can put an automatic stay in place to end all collection efforts, creditors don’t always obey this.
What can you do to end the harassment? What legal rights do you have against the creditors? Our bankruptcy attorneys at Daigle Law Office are here to help!
What Is the Automatic Stay?
An automatic stay is a court order from a judge prohibiting creditors from bothering you for payments during the bankruptcy proceedings. It is temporary at first and remains in place for the duration of the bankruptcy case. After the bankruptcy is finalized, the automatic stay becomes a permanent court order. This can eliminate most of your debts and prevent creditors from asking you for any discharged debts.
What Happens If Creditors Don’t Honor the Automatic Stay?
When you file for bankruptcy, your creditors should obey the automatic stay and stop trying to collect payment. However, not all collectors obey the automatic stay. They can choose to violate the court order for numerous reasons, including if they don’t care, don’t follow the law, or are confident their company won’t get caught.
If they continue to ask for money, our bankruptcy attorneys urge you not to give them any money. Let our lawyer fight for you!
Examples of Stay Violations
There are numerous types of stay violations creditors can commit, including these common ones:
1. Collection calls after filing for bankruptcy
2. Collection letters
3. Garnishments or failing to stop garnishments after filing
4. Car repossession
5. Failing to turn over or return property that is rightfully yours
6. Service to your collection lawsuits
7. Billing for pre-filing service contracts
8. Foreclosing on property without permission from the court
If a creditor tries to collect on a debt after you file your case, be sure to let Daigle Law Office.
How Do I Collect Information and Enforce My Fresh Start Rights?
If you encounter a creditor trying to collect your debts, you should gather their information and send it to the Daigle Law Office at info@DaigleLawOffice.com. Some of the information you should collect includes:
1. Name, address, and contact information of the debt collector.
2. Name and balance of the debt.
3. Date and time of contact. If by phone:
a. Take a screenshot if possible.
b. Save all voicemail messages.
c. Get the name of the representative who contacted you.
4. All mailings and correspondence.
5. All paperwork.
6. After you collect this information:
a. Tell them you filed for bankruptcy.
b. Give them your case number and Daigle Law Office contact information if you have it.
7. Please provide as much information as possible about what was said, including whether they were polite, rude, threatening, or demanding payment and whether they knew about the bankruptcy filing.
Benefits of Hiring Daigle Law Office
As part of every bankruptcy case, Daigle Law Office routinely stops these rogue creditors who keep bugging our clients after the case is filed. In many instances, we file lawsuits against these creditors. We do not charge any additional fees for the cases we take on. The creditors are required to pay extra legal fees for this protection and to pay you money called damages for their ongoing post-bankruptcy harassment. This is included as part of every case Daigle Law Office files.
We provide our experts with the following information:
· PRE-BANKRUPTCY FILING: Daigle Law Office is your shield. Tell creditors to STOP calling you and to contact Daigle Law Office. They will back off, though perhaps not completely.
· POST-BANKRUTPCY FILING: This office is your word, and we will often pursue egregious post-petition creditor contact or harassment. Take copious notes as to who is calling and what they want. Ensure they know about your bankruptcy filing and Daigle Law Office’s contact information.
Hire Our Expert Bankruptcy Attorneys
If your creditors harass you for payments, even after the court orders an Automatic Stay, get help from a bankruptcy attorney. They can help you determine how to stop collections. Contact Daigle Law Office today for a free and confidential consultation with Attorney Peter M. Daigle, a skilled and reputable bankruptcy and foreclosure defense attorney in Massachusetts. Call our Cape Cod office at 508-771-7444 or our Norwell office at 781-561-1220.
