Friday, September 9, 2016

How Do I Keep My Lenders From Contacting Me After I File Bankruptcy?

For most people who are having a hard time paying their bills, one of the most frustrating parts can be the constant harassment from creditors. But when you file for the protection of bankruptcy, all of your lenders have to stop all contact with you. Unfortunately, we do not live in a perfect world, and not all creditors take heed of the bankruptcy stay, or they receive notice after having placed calls to your home or business, or after having sent you a collection letter or filed a collection lawsuit against you. In many instances all you have to do is advise the collector that bankruptcy has been filed, and the communication will stop. In other cases, though, the lender simply ignores this information and persists in making contact with you.

If you are being contacted by a lender and have filed bankruptcy, you can take action to put an end to the calls and letters. Here are some things you can do to keep a lender from contacting you after you have filed for bankruptcy:

         Refer the caller or agency to your bankruptcy attorney for further communication.

         Provide the date and case number of your bankruptcy filing.

         Make a written request that all communication from the creditor, both written and oral, cease and desist immediately.

If the lender still refuses to cease contact with you, you have the right to sue the lender for damages within your bankruptcy case. The action is referred to as an adversary proceeding, for violating the automatic stay. In cases where a creditor calls you for payment after your bankruptcy case has discharged, you can also file a lawsuit against that lender for bankruptcy law violations. In that instance the action is referred to as a violation of the discharge order. In both instances the lender can be held financially liable for any damages caused to you by their violation, and in the most egregious of cases the lender will have to pay punitive damages. For an in depth analysis of your case, and for advice on how to best proceed against a lender who ignores the law, call us today.

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