If you choose to retain our services to file bankruptcy for you we recommend from the day you retain us that you tell creditors that are calling you, “I have retained the services of The Law Offices of Lin & Wood regarding this matter. You may reach then at 1-877-963-9543. Please do not call me again.” This should stop the phone calls and give you peace until your bankruptcy case is filed. Call us toll free at 1-877-963-9543 to schedule a free consultation to find out if bankruptcy is right for you. All of our consultations are with attorneys, not paralegals or legal assistants.
- Chapter 7 Bankruptcy
- Get Rid of Credit Card, Medical or Other Unsecured Debts
- Stop Wage Garnishment for Lawsuits, Taxes or Student Loans
- Chapter 13 Bankruptcy
- Lower Your Car Payment
When you file for bankruptcy protection under the bankruptcy code the automatic stay takes effect that will stop the harassing phone calls. The automatic stay is a court order stopping any and all collection activity including the phone calls you keep getting from creditors and collection agencies. If your creditors continue to call you once they have notice of the bankruptcy case they are violating the automatic stay and can be sanctioned by the court. A motion for the willful violation of the automatic stay can be filed seeking sanctions.
Before your case is filed legal action can be taken against creditors who harass you if they violate the Fair Debt Collections Practices Act. This law outlines what your creditors can say to you and when they can call you to collect a debt. Some of the worst instances of violating this law are when a collection agency calls your work or family members. The collection agency sometimes uses intimidation tactics to scare your family members and coerce you into sending payment. One of the worst cases was when a collection agency threatened to put someone in jail. You cannot be sent to jail for not paying a credit card or medical debt in almost all circumstances.
To enforce the Fair Debt Collection Practices Act a lawsuit will need to be filed in the federal district court of your jurisdiction. If you choose to sue a collection agency you will need evidence of the violations. You need to keep track of when the collection agency calls you. The name and phone number of the collection agency and any other helpful information regarding the conduct that violated the law.
