When you are in debt, it can feel as though the weight of the world rests on your shoulders. However, this matter can grow even more overwhelming when you are facing harassment from creditors regarding the debt you owe. When these matters grow to be too much, you may wonder what your options are. One of the best options for those in serious debt and dealing with creditor harassment is to file for bankruptcy. The following blog explores how this process can stop harassment and help you receive financial relief. In addition, you’ll discover the importance of working with Montgomery County bankruptcy lawyers to help you through these difficult times.

What Is Creditor Harassment?

Unfortunately, many debt collectors are notorious for the methods they use to obtain the funds they are owed. Often, these methods are considered abusive and harassing, leading to many in debt experiencing even more stress and anxiety as a result.

It’s imperative to understand that you have protections as a consumer, even if you owe debt. The Fair Debt Collection Practices Act (FDCPA) outlines prohibited behaviors by third-party debt collectors. These include, but are not limited to, the following:

  • Placing repeated phone calls in a short period of time
  • Calling outside of permissible hours (8 a.m. to 9 p.m.)
  • Using vulgar or threatening language
  • Failing to identify themselves as collector
  • Misrepresenting the amount of debt you owe
  • Talking to others about the debt you are in (with the exception of your spouse or an attorney)
  • Publishing your name publicly as a debtor
  • Threatening to have you arrested
  • Pretending to be an attorney or member of law enforcement

If you experience any of the following behaviors, it’s always in your best interest to document the encounters to the best of your abilities.

How Can Bankruptcy Help?

When you file for bankruptcy, you are granted something called the automatic stay. Essentially, halts all collection efforts while you navigate this process. This includes communication from creditors. As such, when you file, your creditors are notified of the bankruptcy case you are pursuing and must take measures to halt all communication.

In addition to communication, your creditors must stop all other actions against you, including lawsuits, wage garnishment, foreclosures, and certain liens.

You should note, however, that under certain circumstances, a creditor can petition the court to lift the automatic stay. Generally, this is granted to secured creditors who hold collateral property that is at risk during bankruptcy. However, a petition to lift the stay is not automatically granted, and the creditor must have a valid legal reason for wishing to lift the stay.

As you can see, facing creditor harassment can be incredibly overwhelming. That is why the legal team at Mudrick & Zucker will do everything possible to help you navigate the bankruptcy process with ease, not only to receive financial relief but relief from harassment as well. When you need assistance, our firm is ready to help. Contact us today to learn more.