So you've filed for bankruptcy, and you're not sure why the creditors are still hounding you for their money back. Logically, bankruptcy should tell them that you do not have the means to repay the debt, and legally, it does.
When you file for bankruptcy, it's official: You take the hit on your credit, and an 'automatic stay' goes into effect. Essentially, this prevents people that you owed money from hounding you. This means they can no longer take you to court, place liens on anything you own or foreclose or repossess what you still have. However, if bankruptcy creditors still try to collect after you have filed for protection, there things you can do to stop such harassment.
Salt Lake Bankruptcy Attorney, Best Bankruptcy Attorney, Bankruptcy Attorney Dayton Ohio,
Know When Automatic Stay Does Not Apply
In most cases, automatic stay is done without any further action on your part. But in some select cases, automatic stay won't protect you from continued legal action on your debt collector's parts. If you have been served a court summons, this generally continues whether the automatic stay is enacted or not. If you have filed for bankruptcy more than twice in the past year, you lose all protection of the stay and your creditors can do as they wish. Also, this law doesn't protect you from evictions if you haven't paid your rent up to your landlord if they've already started to take any legal action against you. There are many other small exceptions to this rule, and you should talk to a lawyer if you have any doubt if automatic stay applies to you.
Send Them Proof of Discharge of Debt
Creditors deal with debt all of the time, and use a lot of different people and services to collect on it. Sometimes your debt is 'sold' to another company or organization, and those people didn't get word of your bankruptcy charges. Make a copy of your discharge notice and send it to whomever is harassing you. Be sure to dispute the debt with a letter in the mail that has been certified so you know that they receive it. If this still does not stop the harassment, you now have more evidence to take to court if you choose to pursue legal action against the creditor.
Take Legal Action Against your Creditors
If your bankruptcy creditors are still hassling you and you're sure automatic stay applies, take them to court over any violation. You are well within your rights to sue them for punitive actual damages caused by their actions, including collecting on any legal fees charged by your lawyer. Many times you can come out ahead in these proceedings since they broke the law when they contacted you. If you pursue this route, bear in mind that the process can be lengthy.
Don't Stress
Most of the time, bankruptcies take months to fully process, so don't take it too hard if companies continue to chase you for debt you can't pay in the beginning. Once everything is discharged, you can start your life again, and not have to worry about any more phone calls, lawsuits or letters. So, don't stress. Focus on rebuilding your credit and restoring your good name.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
Rating of Cost Of Bankruptcy Lawyer
Get Online Application at online Bankruptcy Lawyer.
0 comments:
Post a Comment