Call Us - 407.481.2888
When you file for bankruptcy, there is an automatic stay against your creditors for most debts. So, a creditor may not continue collection efforts against you. Those collection efforts include phone calls and correspondence (mailings, emails) from the original creditor (the credit card company itself) or the collection agency (companies who buy or service the debt from the original creditor).
It is not common for a creditor to violate the automatic stay but every now and then, a creditor continues to call and harass someone even after filing bankruptcy. If you get a phone call from a creditor after filing, let the creditor know that you have filed bankruptcy, provide your case number, the date you filed, and the name and number of your bankruptcy attorney.
The “correct” response from the creditor should be an apology for calling, and that they will verify your bankruptcy filing with your bankruptcy attorney. And after it is verified, they will likely never call or write you again.
But if you get a call again or multiple times, you should document the time and other relevant details and let your bankruptcy attorney know. The automatic stay is a hallmark of bankruptcy law and the judges do not take lightly creditors who ignore this rule. Your attorney may be able to file for fines and sanctions against such a creditor, winning damages for you including punitive damages.
Altamonte Springs Office:
P.O. Box 520546
Longwood, FL 32752