Debtors often expect creditor collection attempts to stop immediately when they file for bankruptcy protection. Sometimes the creditor isn’t aware of the filing yet, which explains the collection correspondence you’ve just received in the mail. But, what if their attempts are still ongoing including phone calls at home, work and even attempts by mail? An important action to take would be to notify your bankruptcy attorney to alert them of the matter.
Most often, your attorney or trustee will mention that collection attempts should come to a stop when you file thanks to the automatic stay. When you file your petition a notice is sent to creditors making them aware of your filing status. Some debtors may still receive calls or bills in the mail, but it can quickly become a concern if creditors continue to harass you by phone or mail.
You may have the option to review legal measures with your attorney if harassing collection attempts continue during your bankruptcy. This may include taking the creditor to court and or being awarded punitive damages for violation of the bankruptcy code. In some cases, some creditors may attempt to collect from you after the debt has been discharged, which is illegal.
Retain a record of collection attempts to present to your attorney, including phone calls and mail correspondences. You may be able to tell the creditor you are in bankruptcy which could stop their attempts. Keep in mind, if your wages were being garnished when you filed for protection, this should cease as well. It is important to stay in contact with your attorney about the matter, especially if your case is still active, since the creditor could be in violation of the stay.