From phone calls to letters and emails, if you are behind on your bills, you’re probably receiving lots of communication from debt collectors looking for a payment. This is incredibly stressful and it can take its toll on even the most responsible consumers.
The good news is, Georgia residents have a way of eliminating these payment requests. Having a Georgia bankruptcy attorney on your side to help you take the steps needed to assert your rights could be the key to stopping the incessant calls from debt collectors.
Am I Being Harassed?
When it comes to debt collection, how far is too far? Debt collectors are legally allowed to contact people about debts that they owe, but there are guidelines that they have to abide by. Despite having these rules in place, abuse still happens. If you feel like you are being harassed by debt collectors, you might be.
There are several things debt collectors are not allowed to do, including:
- Spread incorrect credit info about a debtor.
- Call before 8 a.m. or after 9 p.m.
- Use deception to scare a debtor into paying – examples include pretending to be law enforcement, lying about the total debt amount, telling the debtor they’ll be deported for non-payment, etc.
- Harass or be abusive (including the use of profanity) to the debtor or other people when referencing them.
- Threaten legal action when the creditor either isn’t allowed to or doesn’t plan to
How Can Bankruptcy Help?
For those that are too far in debt to recover easily, filing for bankruptcy could be the perfect solution. Bankruptcy can clear most types of debt, stop activity from collections, and give you a chance to get out of debt.
Bankruptcy allows you to pause all of the active and often invasive collection efforts, as well as lawsuits and wage garnishments. Additionally, even though your bankruptcy will remain on your credit report for 7 years, it can begin to help you rebuild your credit record and credit scores.
With less debt to pay, it is much easier to come up with a budget that allows you to pay your remaining debts on time. As a result, you can make a plan to pay everything off and get your finances back on track.
Can Creditors Still Contact Me After Successfully Filing Bankruptcy?
One of the benefits that filing bankruptcy has is the benefit of a court order that is issued in conjunction with the bankruptcy filing called an “automatic stay”. Once the automatic stay has gone into effect, the individual creditors and lenders can no longer contact you.
This protects you from all forms of stressful and even harassing contact. Your various creditors and lenders are legally prohibited from calling you on the telephone, sending you emails or text messages, and even sending you letters or other written communication regarding your debts. To resume any sort of collection activity with you, they will need explicit approval from the court. If you are in a situation where creditors keep calling you contact our office for a free consultation.
Posted in: Bankruptcy