Creditor Harassment and Bankruptcy
Being Harassed After Bankruptcy?
Under U.S. bankruptcy law, petitioning for a Chapter 7, Chapter 11 or Chapter 13 bankruptcy means that creditors must immediately stop all of their collection efforts. However, it might seem as though a few of your creditors didn’t get the notice. The collection letters are still being stuffed in your mailbox, and you’ve been subjected to more than one harassing phone call from a determined collector.
Creditor Harassment After You Filed Bankruptcy
As if it wasn’t bad enough that creditors harass you when you owe them money, now they’re harassing you in the midst of a bankruptcy filing. While these actions are definitely illegal, there are a few creditors that slip through the cracks and may not have received notice of your filing, but once they have been notified they should cease contact. What’s important to remember is that should a creditor choose to violate the law you do not have to put up with this illegal and disturbing behavior.
Here’s what to do if creditors are continuing to harass you after being notified of your bankruptcy filing:
- Make note of the harassment. As soon as you petition the bankruptcy courts, it’s time to start making note of the creditors who are still in contact with you. Most will back off after letting them know that you’ve filed for bankruptcy; however, one or two may still persist. If this is the case, start taking note of the harassment. If they send letters, collect all of the correspondence; if they call you, write down the time and date that they contacted you. Keeping a paper trail of the harassment is crucial in the fight against these creditors.
- Contact your bankruptcy attorney. Once you have collected correspondence and have written down the phone calls, it’s time to contact your bankruptcy attorney for assistance. Bring all of your evidence to your bankruptcy lawyer’s office and let them know that some creditors are still in contact with you. Your attorney will immediately notify the bankruptcy courts, and they will move to start legal proceedings against your creditors.
- Take them to court. If they still persist, it’s time to fight back against your creditors and take them to court. You can sue them for harassment and emotional distress, and most courts will generally side in your favor, as long as you can provide proof.