The phone rings one day and a voice says you owe $1,000. The next day, another phone call, this time from a rude individual explaining you owe $10,000 and legal action is being taken. The next day, more calls come, and you just want it to stop. While you have more options than bankruptcy, if debts are your problem and you have no means of paying them off, filing to discharge your debts is quite effective.
But when dealing with creditors before, during, and after bankruptcy, there are some rules they have to follow that can protect you from future harassment. Also, quite often your lawyer can stop the calls immediately. This guide explains how.
Creditors Must Follow Rules
Creditors cannot call you night and day. That breaks the law. If you are called before 8AM or after 9PM, that is illegal. Creditors can only call 8AM to 9PM Monday through Saturday. If they contact you outside these times, you can consult with a lawyer and consider suing and/or file bankruptcy. Also, if you are getting calls at work or creditors are threatening you, you can sue them.
How You Can Stop Creditor Harassment
There are some ways to stop creditor harassment other than bankruptcy. If you request in writing that the creditor stops contacting you, by law they must. If you are unsure of your rights here, consulting with a lawyer can help.
How Your Texas Lawyer Can Stop Creditor Harassment
If you are ready to discharge the debt – the main reason for the harassment – your Texas bankruptcy lawyer can stop these calls immediately and help eliminate the root problem. You can hire an experienced lawyer and he or she will be your voice to creditors. You no longer need to deal with creditors. If they break laws, you can sue. If they call, ask them to speak to your lawyer. There is no longer a need to call when you file bankruptcy. If you file, unless they appeal in the meeting of creditors, the harassment is over because the debt is discharged.
Discharging Your Debt
While filing bankruptcy simply to stop creditor harassment is unnecessary, filing for help has many advantages. Beyond stopping creditor phone calls, you can stop the problem at its source. If the debt is discharged in a Chapter 7 bankruptcy, you owe them nothing. If you file Chapter 13, you are paying them back some if not all the money. Chapter 7 takes only a matter of months, and can discharge most major debts including credit and medical. Chapter 13 protects your assets and buys you time to pay back debts. In both cases, the automatic stay begun by the bankruptcy judge stops all collections against you for several months.
