What to Do If You are Still Getting Collection Calls After Filing Bankruptcy In Ohio
The moment a person files bankruptcy, the law protects the debtor from collection calls, letters, and emails. Being contacted by a creditor after filing can be very unsettling because an automatic stay goes into effect with the filing. This stay says that creditors can't collect debts after bankruptcy has been filed with the bankruptcy court. Creditors can't send letters, make calls, send emails, or knock on doors to collect debts.
Those that live in Ohio and are being contacted by creditors after filing bankruptcy, the first thing to do is contact your bankruptcy attorney. The only way a creditor can contact a debtor after being informed of the bankruptcy filing is if the court approves contact. Outside of this, it's illegal.
If a creditor contacts a debtor one time because the bankruptcy notice hasn't been integrated into their system or creditor has difficulty integrating these notices into their systems, the debtor can inform the creditor. Once they have the debtor has this knowledge, they shouldn't disregard the law and continue collection attempts.
Enforcing the Automatic Stay
If the creditor calls continue after the bankruptcy filing, a debtor has the right to act. Unfortunately, there are some creditors out there that won't stop. It's unfortunate that there are some that have a complete disregard for the bankruptcy filing, despite most debtors knowing that they don't have to pay the debt once the bankruptcy filing is made with the court.
Bankruptcy attorneys Brian Wood and Katy Brewer have the experience and knowledge to ensure that creditor systems are updated. If the system is updated and the collection attempts continue, legal action can be taken against the creditors for breaking the law.
Putting a Stop to Collection Calls after Filing Bankruptcy
There are steps that should be taken to mitigate creditor calls after bankruptcy. They are:
1. Inform the creditor of the bankruptcy filing. Most will note this in their system and will ask for the bankruptcy attorney's contact information to verify the filing.
2. Record all incidents of harassment by keeping good notes. Write down the creditor's name, the times they call, and what they say. This information is needed if legal action must be taken against the creditor.
3. Keep your bankruptcy attorney informed of all harassing contact. Your attorney will notify the bankruptcy court of the harassment so legal proceedings can begin.
4. If the harassment doesn't stop, the matter can be taken to court. Not only can a creditor be sued for harassment, but the company can be sued for emotional distress.
You Don't Have to Face Bankruptcy Alone
One important takeaway for all people looking to start fresh financially is that bankruptcy isn't an endeavor that has to be taken on alone. Our experienced and caring bankruptcy attorneys ensures your process moves as smoothly as possible, acts against law-breaking creditors, and protects the rights of the debtor throughout the entire bankruptcy process and even after the bankruptcy is discharged. We welcome you to contact us today for your free bankruptcy consultation.