Your Rights Under the FDCPA After Filing for Bankruptcy
If you file for bankruptcy in the United States, you are afforded certain protections under the Fair Debt Collection Practices Act (FDCPA). Once you file for bankruptcy, the debt collectors should stop attempting to contact you to collect a debt. If the debt is discharged in bankruptcy a collector may not continue to try to collect the debt.
At Debt Doctors of Missouri, we help individuals achieve financial freedom and end the relentless attempts of debt collectors. Contact our office today at (414) 466-3328 to speak directly with a Springfield bankruptcy lawyer. All consultations are free and confidential. Call now to get started.
Will Filing for Bankruptcy End Collection Calls?
As noted by the Consumer Financial Protection Bureau (CFPB), a debt collector is not allowed to continue attempting to collect a debt after you have filed for bankruptcy. If a debt collector continues to call you after you have filed for bankruptcy, you should notify them of the filing and provide them with your attorney’s information.
Debt collectors should not be contacting individuals who have filed for bankruptcy. They should also be speaking directly with your attorney if you have retained legal counsel.
Can a Creditor Collect on a Debt Discharged in Bankruptcy?
If a debt has been discharged in bankruptcy, a debt collector is not allowed to continue debt collection efforts. A bankruptcy lawyer can help you understand what rights a debt collector does have including the right to repossess the collateral used to secure the loan.
What to Do If Collection Calls Continue
Once you file for bankruptcy, an automatic stay goes into effect protecting you from creditors. If debt collection continues after you have filed for bankruptcy, you should notify them in writing that you have filed for bankruptcy and give them the name and contact information of your attorney.
If a creditor continues to harass or threaten you, you may have to pursue legal action against them. You should always keep detailed records of when they are calling, including how many times per day, what they are saying, and when they are calling. Provide this information to your attorney so that they can decide the best course of action.
Contact a Springfield Bankruptcy Lawyer for Help
If you have insurmountable debt and are interested in filing for bankruptcy, contact our office at (414) 466-3328 to discuss your case with an experienced attorney. Let us help you find financial freedom.