Minnesota residents who have financial obligations will often receive annoying calls from debt collectors. However, if you have settled through bankruptcy and your debts were discharged, you shouldn’t be receiving such calls. It’s important to know what to do.
Can debt collectors continue calling you after bankruptcy?
You should not be getting calls from debt collectors after filing for bankruptcy. This is because an automatic stay goes into effect once you file. The purpose of an automatic stay is to prevent creditors from trying to collect debts from you and collectors from contacting you through any means. There is only one exception to that rule: if a creditor receives court approval to continue attempting to collect debt. Otherwise, calls from debt collectors are illegal.
If you receive phone calls from debt collectors after filing bankruptcy, you have every right to fight back.
What options are available to you to stop debt collectors from calling you?
Harassing debt collector calls can be stopped. You can start to fight back against them by explaining to the collector that you have filed for bankruptcy. Telling them over the phone should be sufficient. Many collectors will cease the calls at this point, but some continue.
Make notes or record all harassing phone calls you get from a debt collector. It’s wise to keep records as it serves as evidence that you can use against the collector. You can take further action when you have evidence of the harassment due to the fact that the debt collector is breaking the law in continuing after you’ve told them you have filed for bankruptcy.
When things are too far gone and the debt collector continues to call and harass you, you can take things even further and sue them. Taking the debt collector to court might allow you to recover damages for harassment and emotional distress.
What if your debt was discharged through bankruptcy?
Debt collectors cannot attempt to collect debt that you have had discharged through bankruptcy. Once a debt is discharged, you are no longer responsible for it. If you tell a collector that the debt was discharged and they threaten you, you have every right to fight back and protect your rights.