When you are in debt, it is not uncommon for the creditor to call you. However, these calls can become scary and stressful when you have not onlinebahisforum been making payments. People with no way of paying back their creditors may consider bankruptcy for debt relief. This raises the question of whether the creditors still call after filing or not.
If you are overwhelmed with debt, speak to an experienced lawyer from Benenati Law Firm today. They can assess your situation and help you choose the best course of action.
Bankruptcy’s automatic stay
When you file for bankruptcy, the court puts an automatic stay on all of your debts. This means that your creditor will be forced to stop calling you as per the orders of the court. If they still continue to call, you can simply make a complaint in the bankruptcy court.
However, the automatic stay does not stop criminal cases, certain eviction cases, and child support actions. Additionally, the stay does not apply to the debts that were obtained after filing for bankruptcy. Consult your attorney to understand which debts can be put on hold during your case.
Understanding creditor harassment
You may think the creditor has the right to call you several times a day and use whatever language they wish to demand money from you. However, that is not the case. While a lot of what creditors do is protected by the law, there are certain boundaries they are not allowed to cross. If they do, then it is known as creditor harassment.
The Fair Debt Collection Practices Act (FDCPA) protects you. The creditor can only call you between 8 am to 9 pm, and they cannot call you during your work hours.
Here is a list of additional things a creditor is not allowed to do:
- Calling repeatedly to abuse, harass, or annoy you.
- Calling you without revealing their identity.
- Using obscene language.
- Misstating the amount owed.
- Threatening to have you arrested.
- Making violent or harmful threats.
- Pretending to be attorneys or law enforcement officials.
Does the creditor have to compensate for harassment?
Most people are surprised to know that creditors are required to compensate people for harassment. When the court discharges your debt, no creditor is allowed to telesup call you even once to demand the money you used to owe them. If they do and cause you trouble, they have to compensate you.
Here are some forms of compensation they might need to pay.
- Damages if incurred
- Legal fees
- Punitive damages if they acted in wrong faith.