Take Action Against Aggressive Debt Collectors
People can take steps to protect themselves against aggressive debt collectors who attempt to collect debts after a person has filed bankruptcy.
September 07, 2012
Take Action Against Aggressive Debt CollectorsMost people filing bankruptcy have had to deal with incessant debt collection calls. In many cases, one of the reasons that people seek bankruptcy protection is to end the creditor harassment with which they live. Filing bankruptcy offers consumers protections against such treatment, but some creditors ignore consumer protection laws and continue to hound those who have filed bankruptcy. However, people can take steps to protect themselves against such aggressive debt collectors.
Understand the Law
It is important for people to understand the full protections that bankruptcy offers them. Once a person files a bankruptcy petition, the court issues an automatic stay on all collection actions. This means that creditors are no longer allowed to contact a person about a debt once he or she has begun bankruptcy proceedings. Those who do are violating a court order and open themselves up to sanctions by the court, such as paying fines and attorney fees.
Once the bankruptcy process is complete, the filer receives a debt discharge from the court. The filer is no longer personally liable for the debts the court discharges. Creditors who attempt to collect on discharged debts are also violating a court order.
Check Credit Reports
It is wise for people who have received a bankruptcy debt discharge to check their credit reports 60 days after receiving the discharge to make sure their credit reports reflect that they are no longer responsible for the discharged debts. This also helps ensure that creditors are aware of the debt discharge. If a discharged debt remains on the credit report, it is possible to file a dispute of the debt under the Fair Credit Reporting Act.
Record Violations
Those who filed bankruptcy but are still being contacted by creditors should keep a record of the names of the creditors, the dates and times of contact and the name of the person who called. The person should note that he or she informed the creditor that he or she has filed bankruptcy and the creditor should no longer attempt to collect on the debt. It is important to save all voicemails, letters and bills as evidence of the harassment.
Take Legal Action
If creditors persist in collection attempts, the next step is to seek legal assistance. Those who are in the middle of the bankruptcy process can refer creditors to their bankruptcy attorneys. Those who have received their debt discharge may want to contact their bankruptcy attorney to consider filing suit against creditors who persist in harassment.
Article provided by DeBruyckere Law Offices, PC
Visit us at http://www.salemnhbankruptcyattorney.com