Just about everyone who gets a little behind on their bills will get a friendly reminder call from a creditor. But once in awhile, those calls turn out to be not so friendly. While there are certain laws to protect the consumer from harassing calls at home and at work, not every debt collector plays by the rules.
They are willing to try to browbeat, threaten and take whatever steps they deem necessary to collect money and some actually believe they are doing the right thing with their collection efforts. Many consumers will cave to their demands simply to stop the calls. However, if one creditor is calling there’s a good chance that others are also making the calls and getting one to stop will not stop the others.
Once a person files for personal bankruptcy, the calls should cease. It may about a week for the creditors to be notified of the pending action and calls may still be made until they are notified, but then do come in, the creditors should be advised to contact the bankruptcy attorney. If they continue to call after being notified of the bankruptcy filing, they can be held legally accountable.
The debtor needs to keep track of the names, dates and times of any calls that come in after all debtors have been notified let the attorney know and allow them to deal with it through the appropriate legal channels. While some creditors use outside collection services, once the creditor is notified of the filing, all contact must go through the personal bankruptcy attorney.
There are several things that you want to think about as you are researching and discussing bankruptcy. One of these things is going to be creditor bankruptcy, which is a different type of bankruptcy that you might want to consider. Creditor bankruptcy means that you are going through your creditors in order to declare that you do not have the money needed to pay them the money that you owe.
Once you have declared creditor bankruptcy there are several things that will happen. First of all, you will be able to legally declare that you don’t have the money to pay your creditors. Then, they will no longer be able to hound you for the money, and the money will be written off as an unpaid debt. Then, you will be able to start from scratch when it comes to your credit.
Even though creditor bankruptcy will allow you to get out of paying the bills that you currently have due, it is not something that you want to do unless you have no other choice. If you declare creditor bankruptcy you are going to have to have it on your record, and this is not something that you want. It will be hard for you to rebuild your credit, and you will end up having a lot of problems. Therefore, creditor bankruptcy should be a last resort. Be sure that you talk to your lawyer and your financial advisor in order to figure out what exactly you should be doing, and what types of bankruptcy are going to be the best for you to declare if need be.
Call us today and speak directly with an attorney for a free, no obligation, consultation to see if you qualify for bankruptcy and if it is the right decision for you and your family.
Wessler Law Firm is a small family owned law firm specializing in bankruptcy law since 1982.
Disclaimer: This article is meant for reference only, and is not intended to be legal advice.
For legal counsel regarding your situation, please consult an attorney licensed in your state.