Our Wagoner bankruptcy attorneys can help stop collection calls. One of the first questions we get from bankruptcy clients is “How do I stop Collection calls ? How often can they call me?” Unfortunately, until the bankruptcy is actually filed, the answers are generally “they won’t,” and “any time between 8:00 A.M. and 9:00 P.M.”
Fair Debt Collection:
The Fair Debt Collection Practices Act allows a creditor to use any legal means to collect a debt, barring certain restrictions. According to 15 USC §1692c(a)(1), a debtor may make phone calls so long as they are not at an unusual or inconvenient time. This is generally deemed to be 8:00 AM to 9:00 PM in the time zone of the debtor. Additionally, phone calls are not allowed to be harassing, defined by 15 USC §1692 as, “Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.” The problem is, it is relatively difficult to prove harassment, and most creditors know how to be annoying without actually crossing the line.
Wagoner County Bankruptcy Stops Collection Calls:
Fortunately, bankruptcy offers a remedy to the annoying phone calls in the form of the “automatic stay”. The moment a bankruptcy petition is filed, whether it is a Chapter 7, Chapter 13, or other chapter, 11 USC §362 acts as an automatic order from the court barring creditors from taking certain actions. 11 USC §362(a)(6) specifically bars creditors from taking any action to collect or recover on a claim that was created before the case was commenced. This includes all forms of communication, including letter, email, and yes, phone calls.
Notice of the Wagoner Bankruptcy:
Of course, creditors have to receive notification of the bankruptcy to know the stay is in place, so it is possible that calls may continue for a few days after the filing, before creditors receive letters from the court. In that case, a debtor should simply inform the creditor that they have filed, give them the case number, and refer them to their attorney. If, after they have been notified, a creditor continues to knowingly and willingly contact the debtor regarding the debt they have violated the automatic stay. Penalties for a violation include actual damages, punitive, damages, and attorney’s fees. Because of these stiff penalties, the vast majority of creditors are diligent about ceasing all direct communication attempts with the debtor to avoid running afoul of the stay.
Wagoner Bankruptcy Attorneys Help Stop Collection Calls:
In conclusion, until a bankruptcy case is actually filed, clients can and should expect to continue to receive phone calls from their creditors. After filing, bankruptcy law and the bankruptcy courts provide protection for the debtor against continual collection attempts and harassment from creditors. If you are receiving phone calls from creditors and want to stop collection calls, contact our Wagoner bankruptcy attorney today at 918-283-7394
