I filed bankruptcy and they are still calling!
I Want to Sue!
When you file for bankruptcy, your creditors are required to leave you alone. At least until they have been granted a Motion for Relief from Stay. Which you would have received from Bankruptcy Court.
Section 362 “Automatic Stay” of the bankruptcy law tells creditors to stop any action or act to collect a debt from you. They can’t call, they can’t send bills, they can’t take you to any other court but Bankruptcy Court.
What if they don’t stop contacting you? When a creditor keeps calling after you have filed bankruptcy these are our rules on when we should sue them.
- First, we give everyone a pass for the first two weeks from filing your bankruptcy. It takes a few days for the court to send them the notice of the bankruptcy, a day or two for the post office to deliver it, and finally – for them to update their records. We feel that two weeks is more than fair.
- Second, we only sue if you are mad. Let’s say they call, and you tell them to stop and they stop. If you feel “no harm, no foul,” then that’s fine. But if they don’t stop or if you are upset or angry – then we’re upset. Let’s Make Them Pay!
- Third, we try give small outfits the benefit of doubt. Your creditors that don’t have access to lawyers .
- Fourth, we get REALLY mad when these people lie, harass or continue to annoy you. Time to Make Them Pay!
Here are some lies we’ve heard….
“Your lawyer filed the wrong kind of bankruptcy.”
“Your lawyer didn’t notify us properly”
“Bankruptcy doesn’t cover this type of debt.”
“You filed personal bankruptcy and this is a business debt.”
If they lie, we go after them ASAP. We want it to be expensive for companies who try and collect debt with a quick with a lie.
- Fifth, we always go after debt collectors. Not the original creditor, now, but debt collectors like NCO, LVNV, Midland, or Wells Fargo. Why?
Collectors have had a long history of being BAD! In 1978 Congress created The Fair Debt Collection Practices Act. This ACT has BIG teeth. It allows a debtor to get paid for their violations.
- In order to excuse their a mistakes, they first have to show it was an honest mistake.
- Then they have to show they tried to prevent that exact mistake from occurring again.
- They have to show they honestly didn’t get the notice from the bankruptcy court.
- Second, they have to show that they ran their own double check to see if you filed bankruptcy before they called you.
Of course, they never really do that. So we sue.
- Finally, we always sue people who don’t deserve the benefit of the doubt.
Once the bankruptcy is in place, We go after them for the slightest slip-up. Every time. They don’t act like a respectable business; We don’t treat them like one.
Have you tried to purchase anything after your bankruptcy discharge and you were told that your credit report has negative reporting of debts discharged in your prior bankruptcy case? If this has happened to you – WASTE NO TIME IN CONTACTING US. You may have a claim against those creditors who have not complied with the law.
If you have filed for bankruptcy and a creditor is still harassing you. Or a Credit Bureau has refused to report accurately – Call Us Today! Get us the info, so we can get after them right away.
Abusive practices are not acceptable in attempting to recover a debt. Regardless of whether you believe you owe the debt or not. Debt collectors are required by law to respect the dignity of debtors.
Whether you filed bankruptcy with us, or with another firm, CALL 720-675-8070 Law Office of Christopher German, LLC We can help you. If you have a case, we will work on a contingency basis. You don’t pay us unless we collect from the creditor.