When those struggling with debt seek bankruptcy, one of the benefits of bankruptcy is getting an automatic stay, where debt collectors can’t call until the bankruptcy is resolved. If the debtor receives a Chapter 7 bankruptcy, most likely, nearly all of their debt gets discharged. But does that mean creditors stop calling completely?
Unfair debt collection practices
Creditors shouldn’t be calling debtors who have completed the bankruptcy process and discharged their debt. If creditors do call, they are using unfair debt collection practices or participating in debt collection abuse.
Those who have settled their bankruptcy and still face harassment from creditors should tell harassing creditors:
- Their bankruptcy case number
- The date of their bankruptcy filing
- The date their bankruptcy was finalized
They should demand that creditors stop calling them.
Getting help to stop creditor abuse
If creditor calls don’t stop, those who recently went through bankruptcy may need to contact a consumer protection law attorney. An attorney can help determine if creditors have violated the Fair Debt Collection Practices Act (FDCPA). Victims of unfair or abusive debt collection can receive damages.
No one should have to put up with abuse from creditors, especially if they have discharged their debt through bankruptcy. Unfortunately, sometimes consumers need to get tough to stop creditors from making harassing phone calls.