West Palm Beach Creditor Harassment Attorney
Stop Creditor Harassment through Bankruptcy
Some of the worst parts of being in debt and having past-due accounts are the constant phone calls and notifications from creditors and bill collectors. Many of our clients come to us scared to answer the phone or open the mailbox. Many have simply stopped because it’s all too much—too much anxiety, too much stress, and too much guilt. You know you owe the money, but there’s simply no way you can pay, today or at any foreseeable time in the future, without help. For many people, that help is bankruptcy. You can stop creditor harassment through bankruptcy, in addition to giving yourself the fresh start you need, contact our West Palm Beach creditor harassment attorneys today.
What Is Creditor Harassment?
The Fair Debt Collection Practices Act (FDCPA) prohibits creditors and debt collectors from harassing, oppressing, or abusing debtors they contact. Some examples of creditor harassment include repetitious phone calls that are intended to annoy, abuse, or harass; obscene or profane language; threats of violence or harm; publishing lists of people who haven’t paid their debts; and calling you without telling you who they are. While these actions are illegal, creditor harassment still occurs frequently, especially nonstop phone calls morning, noon, and night.
How Bankruptcy Stops Creditor Harassment
When you file for bankruptcy, an “automatic stay” goes into effect immediately. This automatic stay prohibits almost all collection activity, including legal action, garnishment, and any contact by phone or mail attempting to collect a debt. If a creditor continues its collection actions against you after you have filed for bankruptcy, the creditor is violating the automatic stay and can be held in contempt and penalized by the bankruptcy court.
If a creditor or debt collector calls you after you have filed for bankruptcy, tell the creditor or debt collector that your bankruptcy case is pending and (assuming you’ve hired a bankruptcy attorney) that you are represented by a bankruptcy attorney. Then, the creditor or debt collector must contact your attorney, not you, while you go through the bankruptcy process. This is another reason it’s smart and less stressful to have a lawyer handle your bankruptcy—you won’t have to deal with creditors at all. And once your debt is discharged by the bankruptcy court, the discharge permanently bars the creditor or debt collector from collection of the debt.
Get Relief from Creditor Harassment Today
If you are the victim of creditor harassment, please contact Kelley Fulton Kaplan & Eller and get relief. The lengths some creditors and debt collectors go to in order to collect on a debt are beyond extreme—they’re illegal. Our West Palm Beach creditor harassment attorneys represent clients throughout South Florida and find great satisfaction holding collectors accountable for their badgering and bullying.