As you may can imagine, especially if you have seen our T.V. ads, the harassing phone calls and never ending abuse of collection agencies is one of the major complaints of a broad section of our clients. As much as anything that creditors do in attempting to collect overdue debts, harassing, constant and sometimes vicious collection calls will drive even the most level-headed person over the edge. I don’t know of a single thing that leads to more stress and sleepless nights for someone with credit problems than the never ending calls; the only other factor that comes close may be the fear of losing a home or car.
Quite often the first question clients ask of me is: “When will the calls stop?” The calls will stop very shortly after a bankruptcy case is filed. Please understand that merely coming to see an attorney cannot stop the phone calls, a case must actually be filed in Order to actually stop the creditors from calling. Our authority to stop that ringing phones comes from the Federal District Court in which your bankruptcy case is filed and the authority given by the United States Bankruptcy Code.
When a bankruptcy is filed, the Court imposes an “automatic stay” upon collection activities. In simple terms, a stay means exactly what it sounds like; it makes a creditor stop in their tracks and any and all further collection action must pass through the bankruptcy Courts if the action will be allowed at all. The ringing phone has usually grown silent within a matter of days of the bankruptcy filing. This is because the Court has mailed notices to these creditors telling them that further collection activities may result in large fines. Even the most ignorant and abusive collection agent will stop calling within a week to 10 days of the filing – unless they just enjoy being hauled in front of a Federal Judge and being berated.
Please remember that, given the extensive documentation needed to file bankruptcy pursuant to the law changes enacted in 2005, the filing process can take anywhere from 1 day to 2 weeks depending on how prepared you are to file and how quickly you do what we ask you to do. If your phone is ringing off the wall and the stress is eating at you, stop the abuse.
Call our office, set up your free consultation and we will give you very specific information on how we can restore your peace of mind, financial well being and stop that ringing phone.