Creditor Harassment

wpadmin on August 18, 2015 Posted in General Bankruptcy

Stop Creditor Harassment with an Oakland Bankruptcy Lawyer

One of the most common side effects of high debt is creditor harassment. Creditors are notorious for harassing practices that leave debtors feeling scared, stressed, and emotionally exhausted. Once this harassment starts, it never seems to stop. You may be avoiding your phone, ignoring your mailbox, and neglecting your email because of creditors’ actions. It may feel like everywhere you turn, someone else is demanding payments you simply cannot make. Regardless of how bad your financial situation may seem, there are legal options you can pursue. If you are tired of harassing creditors, it is time to consider filing for bankruptcy.

Debt Collection & Creditor Actions

Even though the economy is slowly recovering, many Bay Area residents are still feeling strong financial pressures. High debt is common across the nation, and many people have fallen so far behind on their payments that they cannot catch up. Often, this prompts debt collection efforts. What may start as debt collection attempts can quickly turn into creditor harassment. Federal and state laws, such as the Fair Debt Collections Practices Act, regulate debt collectors and creditors. This means that creditors have to comply with strict legal guidelines in their practices. Even if you owe significant amounts of money, you have rights that can prevent and stop creditors harassment. Under these laws, creditors cannot:

  • Call you before 8:00am or after 9:00pm;
  • Lie about taking legal action against you;
  • Threaten to have you arrested;
  • Fail to identify themselves as debt collectors;
  • Use profanity or other abusive language; or
  • Contact you after a written request to stop (in most situations)

These are just a few examples of what creditors cannot do when attempting to collect on your debt.

Filing for Bankruptcy

Another prohibited creditor action is contacting you in any way after you have filed for bankruptcy. When you file for bankruptcy you initiate your bankruptcy case. As an individual, you may qualify for Chapter 7 or Chapter 13 bankruptcy, depending on your financial situation. Declaring bankruptcy puts an automatic stay on debt collection attempts. This means that most creditors cannot contact you directly regarding your debt. An automatic stay allows you to focus on your bankruptcy case without worrying about handling calls, letters, or emails from your creditors.

After declaring bankruptcy, you can proactively inform all your creditors to contact your lawyer. Your attorney can manage important information from your creditors during the bankruptcy process. Again, doing so allows you to focus on your financial plan and your bankruptcy case.

There are many advantages to filing for bankruptcy in addition to an automatic stay. Filing for Chapter 7 bankruptcy can allow you to discharge certain debts. Chapter 13 bankruptcy can help reorganize your debt so it is more manageable. Either option can help you move past your high debt and toward a more stable future.

Bankruptcy Firm Can Help with Creditor Harassment

Are you tired of dealing with harassing phone calls from creditors? Are you worried about paying off your debt? If so, contact the Law Office of Melanie Tavare. We know how stressful creditor harassment can be, and we are here to help. Our firm is currently accepting new bankruptcy cases in the Bay Area. For more information, contact us to schedule a free consultation.

The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.