When you’re in debt and facing harassment from creditors, it can be incredibly overwhelming. As such, if you’ve made the difficult decision to declare bankruptcy, understanding your rights during these matters is imperative. One thing many are unfamiliar with is the automatic stay and the protections it provides. If a creditor has violated the automatic stay in any way, it can constitute harassment and an FDCPA violation. Keep reading to learn more about the rights you are granted as a consumer and why connecting with a San Diego County debt collection harassment lawyer is imperative to protect your rights.
What Is the Automatic Stay?
When you file for bankruptcy, you will be granted what’s called an automatic stay. This essentially means that all collection efforts against you must stop because you have filed for bankruptcy. Creditors are no longer allowed to contact you, garnish your wages, or repossess your property. If they wish to continue collection efforts against you, they must petition the court and receive an order allowing them to do so.
It’s important to note that, certain debts like those owed to the Internal Revenue Service (IRS), child support, or spousal support are still eligible for collection efforts and are not protected under the automatic stay.
Is This Considered an FDCPA Violation?
Despite the fact that you are filing bankruptcy, you can still hold a creditor liable for violating the Fair Debt Collection Practices Act by continuing to contact you even though you have an automatic stay barring them from doing so. The FDCPA is a set of rules and regulations that third-party debt collectors must follow when interacting with consumers. This helps protect consumers, even those who are in debt, from unfair collection efforts.
Common violations that creditors may take despite the fact you’ve filed for bankruptcy include, but are not limited to, the following:
- Contacting you about a debt
- Threatening to file a lawsuit against you while you are in bankruptcy
- Attempting to file a lawsuit against you while in bankruptcy
- Using profane, violent, or vulgar language when interacting with you
- Pretending to be an attorney or member of law enforcement
- Contacting others and discussing your owed debts
It’s also important to note that you can still endure FDCPA violations once the bankruptcy process is over. If a debt collector makes collection efforts for a debt that has been discharged during bankruptcy, it constitutes a violation.
FDCPA violations warrant legal action against the creditor, including recovering damages for each violation.
Filing for bankruptcy can be an overwhelming process, but when you’re being harassed by creditors, it can be even more complicated. As such, it’s imperative to connect with an experienced consumer defense attorney who can help you explore your rights during these challenging times. At Barthel Legal, our team will do everything possible to help you recover the compensation you deserve for the damages you’ve been subjected to. Contact us today to learn how we can assist you.
