Do you dread hearing the phone ring because bill collectors are calling? It’s time to take action against pushy creditors. When you file for bankruptcy, they are forced to stop contacting you. In fact, if they continue to keep contacting you after you file for bankruptcy, you could have a great case for a lawsuit against them. Use the power of the law to stand up for yourself, stop those incessant calls and find freedom from the burden of debt.
Should I Go Ahead File for Bankruptcy to Stop the Calls?
Filing for bankruptcy not only stops contact from creditors, it can help give you peace of mind about your financial situation. By filing for Chapter 7 or 13 bankruptcy, you work with your attorney to eliminate or reduce most debt. Bankruptcy is intended get you a fresh start, free from the burden of overwhelming debt.
How Does Bankruptcy Stop Collection Calls?
When you file a bankruptcy, court ordered protection called the automatic stay comes in to existence. The automatic stay protects people in bankruptcy from nearly all collection activities. This includes phone calls, voicemails, letters, and other tactics they may use to contact you.
Protection and Review Before You File Bankruptcy
Some attorneys, like those at Sawin & Shea LLC can also review your situation and offer protection from your creditors under the Telephone Consumer Protection Act (TCPA), which prevents nuisance calls, auto-dialers and excessive contact from creditors. In addition, we review your case for violations of the Fair Debt Collection Practices Act (FDCPA), a federal law that prevents debt collectors from using profane language, threats, misrepresentations, false claims and misleading promises. If creditors or collection agents violate these laws, it is possible for us to sue them and recover damages!
Why is Documentation Important?
If a debt collector is engaging in forbidden practices, you should save everything: voicemails, letters, emails, phone numbers and any other correspondence from them. When you document all of it, your bankruptcy attorney can use this information to go after them and possibly recover money through a lawsuit. The court will want to see all of the relevant details, like the dates and times of calls and exactly what they say to you. Keep notes about all of this information and you’ll have powerful proof to support your claim in a lawsuit.
Do People Usually Win Lawsuits Against Harassing Phone Calls?
People often collect on these cases, particularly if they have kept detailed notes about the harassing correspondence. Lawsuits regarding violations of the bankruptcy, the TCPA and the FDCPA are taken seriously, because they are specifically meant to protect consumers from creditors and debt collectors who don’t follow the law. You may be able to sue for lost wages caused by the creditor’s actions, emotional distress, improper wage garnishment and statutory damages. Remember, these cases can be handled on a contingency fee basis with your lawyer, meaning they only collect money from you if you collect money in the lawsuit against the creditor.
Sawin & Shea – Indianapolis Bankruptcy Attorneys
Filing for bankruptcy is not the end. It’s the beginning of a new financial life for you. The Indiana bankruptcy attorneys at Sawin & Shea can help you get rid of the overwhelming debt and advise you on life after bankruptcy. We are here for you during this life-changing process. Please do not hesitate to call us today at 317-759-1483 or send an email for a free consultation. We are ready to help.