Ask what finally pushed a person into filing for bankruptcy and you’ll frequently hear that they simply could not tolerate the calls from bill collectors for one more day. These calls are designed to make debtors remit payment, and though the monies they seek are legitimately owed, their tactics are often less than ethical, and often border on intimidation and harassment. Though there are laws that protect debtors from being called earlier than 8 a.m., later than 9 p.m., or at work (if so requested), the one thing that is most effective at stopping the calls is filing for bankruptcy.

When you file for bankruptcy protection, it immediately enacts what is known as an automatic stay. This means that all of the creditors that you list in your filing are notified that you are seeking protection from creditors and that they are no longer permitted to write you, call you, or continue any other collection activity unless the court explicitly allows them to do so as an exception. Should you receive a call after your bankruptcy claim has been filed, there is a good chance that the debt collector’s system has not yet reflected the notification that the court sent out. Simply advise the company that you have filed for bankruptcy and they are required to enter that information into their systems immediately and to stop all calls. If they continue to contact you, notify your attorney. They will contact the company and advise them of sanctions that the Bankruptcy Court can take against them unless they desist from contacting you.

Without the bankruptcy filing, there are a few strategies that you can try to get collectors to stop calling If you ask for their mailing address and send them a letter in writing that asks them to stop contacting you, they are supposed to comply. To increase your chance of this being effective we suggest sending the letter by certified mail, return receipt required so that you can document that they received it.  Even if this is successful, you still owe them the money – they just are supposed to stop contacting you about it.

The advantage of filing for bankruptcy goes beyond stopping the collection calls. It will also fully discharge your debt and provide you with the opportunity to make a fresh start, without fear of your creditors calling about delinquent bills again. For more information about your options, contact our experienced bankruptcy attorneys today to set up a time for us to talk.

 

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