Stop Creditor Harassment
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Stop Creditor Harassment
Are you feeling overwhelmed by debt? When creditors won’t leave you alone with constant phone calls, mail, and more serious action, there is a solution that can stop the harassment and help you get clear of the debt for good. You don’t need to live in fear of creditor harassment; bankruptcy can stop levy actions, wage garnishments, and virtually all contact from creditors while you work toward discharging your debt.
Automatic Stay of Bankruptcy
As soon as you file for bankruptcy, an automatic stay goes into effect. This court injunction prohibits nearly all collection actions, including wage garnishment, lawsuits, foreclosure, and eviction. It even prohibits creditors from contacting you by mail or phone in an attempt to collect on a debt.
There are few exceptions to the automatic stay, but some collections can continue, including criminal cases, some evictions, and some child support actions.
Post-Bankruptcy Creditor Harassment
If a creditor continues collection against you after you file for bankruptcy, the creditor may be in violation of the automatic stay of your bankruptcy. The creditor is probably in violation of the automatic stay if there is not an exception to the stay and the court has not modified or lifted the stay.
If a creditor continues collection actions after the automatic stay, you have several options.
Inform the Creditor of Your Bankruptcy
In many cases, the creditor is simply unaware of your bankruptcy case due to negligence or error and will discontinue collection activities.
Notify the Court
If the creditor does not stop, notify the bankruptcy court. The court can sanction the creditor for violating the automatic stay if they determine the action is willful, meaning:
- The automatic stay is in force and was violated,
- The creditor knew of your bankruptcy case and ignored it or did not correct action after learning of your case, and
- The creditor acted with intention.
If the court sanctions the creditor, it can assess the lawyer’s fees, impose fines, and order your creditor to pay damages.
File a Lawsuit
If a creditor continues collection actions that violate the automatic stay, state unfair trade practice laws, state fair debt collection practices laws, the Fair Credit Reporting Act, or the Fair Debt Collection Practices Act, you have the right to file a lawsuit and seek damages.
Contact a Creditor Harassment Attorney in Las Vegas
There are many solutions that can help stop creditor harassment, including loan modifications, Chapter 7 bankruptcy, and Chapter 13 bankruptcy. If you are afraid to answer your phone or worried about further action creditors may take against you, it’s time to speak with a qualified Las Vegas bankruptcy lawyer to discuss your options. Contact Vegas BK today to speak with an experienced bankruptcy attorney in Nevada who can help you understand your options and decide if bankruptcy or an alternative is right for you.