When you are in debt, it can be incredibly overwhelming to manage but can become even worse when you begin facing harassment from debt collectors over the funds you owe. If you’ve made the difficult decision to file for bankruptcy to obtain some financial relief, it’s important to understand the rights afforded to you during the process. Unfortunately, many assume that because they have filed, they have no protections which is far from the truth. One of the most valuable aspects of bankruptcy is the automatic stay. However, when a creditor violates this protection, you may be unsure where to turn. If this reflects your circumstances, keep reading to learn how a Los Angeles debt defense lawyer can help during these matters.
What Is the Automatic Stay?
When you file for bankruptcy, regardless of which chapter you pursue, you’ll receive what’s known as an automatic stay order. This essentially halts all collection efforts against you by creditors because you have initiated this process. As such, you’ll receive relief from contact by creditors, foreclosures, repossessions, and even lawsuits. If a creditor wishes to continue collection efforts against you they must obtain a court order allowing them to do so.
It’s important to understand that not all debts are included in the automatic stay, however. This includes debts owed to the Internal Revenue Service (IRS), child support, alimony, or restitution for a crime.
Is This Considered an FDCPA Violation?
When the automatic stay is in order, you should not hear from creditors. However, if you are still being harassed or one even attempts to file a lawsuit against you, you may be able to pursue a Fair Debt Collections Practices Act (FDCPA) claim against them. This is a set of laws that regulates the behaviors that third-party debt collectors can and cannot engage in when interacting with consumers for the purposes of collecting a debt. Even though you are in bankruptcy, you are still protected from unfair and abusive debt collection practices.
Other common FDCPA violations include:
- Using vulgar or profane language
- Repeatedly contacting consumers who have declared bankruptcy
- Filing a lawsuit against a creditor in bankruptcy
- Disclosing someone’s status as a debtor to others
- Pretending to be a lawyer or member of law enforcement
If you are experiencing harassment at the hands of a debt collector while you’re in bankruptcy, its imperative to understand that you do not have to endure this. You can pursue FDCPA damages for violations by collectors even if you have filed for bankruptcy.
At Los Angeles Legal Solutions, we understand how complicated these matters can be. That’s why our firm is committed to helping those who have been abused and harassed by collectors fight for the compensation they deserve. If you need help, our firm is here to assist you. Connect with us today to learn how we can fight for you.
