Filed for bankruptcy? A debt collector is the last person you should be hearing from.
If you have already filed your bankruptcy petition for debt relief, your debt collectors’ harassing phone calls, e-mails, and letters should have stopped by now. Any lawsuits, foreclosure proceedings, and/or auto repossession(s) should have come to a screeching halt.
If your car was repossessed shortly before your petition was filed, your car should have been returned to you by now. Any pre-petition wage garnishments should have also stopped.
It’s not just about getting rid of debts – it’s also about your peace of mind.
Believe it or not, the Bankruptcy Code’s “Automatic Stay” provision actually prohibits debt collectors from attempting to contact you or collect money from you. The purpose of the automatic stay is to provide you with breathing room to reorganize your financial affairs towards a fresh financial start.
Thus, if you have already filed for debt relief, any time that a debt collector either contacts you or attempts to collect money from you is referred to as an “Automatic Stay Violation”.
Do any of these sound like problems you’ve been facing after filing your Bankruptcy?
- A debt collector(s) is continuing to make collection attempts against you by telephone, mail, e-mail, or even in person.
- You have a wage garnishment that hasn’t stopped, even though you’ve filed your bankruptcy petition.
- Your car was repossessed before your petition for debt relief was filed, but your car has not been returned to you.
- Your car was repossessed after you filed your petition for debt relief.
- You are receiving letters from either a court or your bank’s attorneys about a foreclosure.
- You are being sued by a person or a company in an effort to collect a debt.
We’ll hold your creditors accountable for violating your Automatic Stay protection.
If any of the above sound like problems you’ve been facing, there is good news. At Warner & Warner, PLLC we are not afraid to stand up for our clients’ legal rights and put a stop to creditors’ automatic stay violations!
The best part is that our services cost you nothing out-of-pocket. If your rights have been violated, the debt collector will be liable for any attorney fees and costs. Plus, the debt collector may be forced to pay you compensatory and/or punitive damages for your pain, suffering, and/or inconvenience.
Being harassed by creditors after you’ve filed for bankruptcy?
Call (518) 451-9388 to schedule your free consultation today!