How to Stop Creditor Harassment
How Bankruptcy Can Protect You from Creditors
Filing for bankruptcy invokes immediate protection from creditors and collection agencies. Under penalty of law, they must cease all contact, collection efforts and legal actions. In most cases, this ends the creditor harassment. But not always. Atlas Consumer Law can step in if creditors or bill collectors defy the automatic stay of bankruptcy.
Over the last several years, our bankruptcy lawyers in Chicago, IL have held unscrupulous companies to the fire in adversary proceedings. Through an adversary proceeding, mistreated consumers can win monetary damages for any violations of the Fair Debt Collection Practices Act, in addition to damages for violations of the automatic stay.
Contact our firm online or by telephone at (312) 313-1613 to get creditors off your back once and for all.
Stop Calls, Legal Actions & Negative Credit Reporting
Whether you file for Chapter 7 or Chapter 13 bankruptcy, the automatic stay will go into effect as soon as you file, legally barring your creditors from calling you, writing you and taking other actions against you. After you file for bankruptcy, any communication your creditor wishes to have with you will have to be with your lawyer.
- Once the automatic stay goes into effect, you will be protected from:
- Phone calls to your home, family members or workplace
- Bills, invoices or threatening letters
- Verbal threats or abusive language
- Debt-related lawsuits and liens
- Wage garnishment, foreclosure & repossession
Have Your Creditors Crossed the Line? You Have Rights!
Some creditors persist in aggressive and abusive collection efforts after debtors have filed for bankruptcy. If they are called out, they claim they never got the notice. It is also common for credit card companies and lenders to continue reporting debts discharged in bankruptcy as delinquent, resulting in black marks on the debtor's credit rating.
While many creditors push the limits of debt collection activities, there are laws in place controlling their tactics. The laws of the federal Fair Debt Collection Practices Act (FDCPA) govern the activities of debt collectors, including when they can call you, how often they can contact you, if they can contact you at work, and other actions.
Creditors or collection agents who violate the FDCPA or the automatic stay can be summoned to court to answer for their actions. A judge can levy punishments against offenders, including attorney fees and statutory penalties. The Fair Debt Collection Practices Act also provides for fines of up to $5,000 for illegal and willful creditor harassment.
Contact Atlas Consumer Law for the Help You Need
If you are burdened by debt, you may have received numerous calls from your creditors. They may try to threaten you, intimidate you, and even lie to get your money. You don't have to put up with this abuse. At Atlas Consumer Law, our Chicago consumer attorneys help people stop creditor harassment and other actions such as foreclosure, repossession and wage garnishment. We know bankruptcy law and we know how to make it work for you.
Our Chicago bankruptcy lawyers will take aggressive action to make creditors back off and hold them accountable for violating the automatic stay. Contact our office today at (312) 313-1613 to arrange a consultation.