If you have recently filed for bankruptcy in Minnesota, it is likely that you’re aware of the automatic stay. You will probably be relieved that you no longer have to be subject to stressful calls from creditors. The automatic stay means that creditors can no longer contact you.
However, many people who have recently filed for bankruptcy continue to suffer from creditor harassment. If you are receiving calls from creditors after filing for bankruptcy, it is important that you understand how the law works in these matters.
How does harassment from creditors take place?
It most often occurs in the form of frequent calls from creditors, often at inconvenient hours, e.g., late in the evening or very early in the morning. Receiving calls like this is not acceptable with an automatic stay in place, but you will likely have to take legal action to get them to cease.
What laws are in place to protect me from such harassment?
The Telephone Consumer Protection Act (TCPA) is in place to prevent harassment through phone calls, regardless of whether the victim has filed for bankruptcy. Sales people or creditors cannot make constant telephone contact, and they must stop calling at the request of the phone call recipient.
When can I take legal action?
In order to take legal action after filing bankruptcy, you should be able to show that the creditor is aware of the automatic stay and is therefore violating it intentionally.
If you are feeling stressed because of harassing phone calls from creditors, it is important that you stand up for your legal rights.
