Stop Creditor Harassment
Millions of Americans, in today’s challenging economy, are faced with more debt than they ever had in the past. Creditors, worried that they are not going to get paid for medical bills or credit card bills, contact these individuals to remind them that a payment is due.
Unfortunately, these calls can quickly take on a harassing tone and frequency. When your debt is spiraling out of control, it is important to remember that you still have rights. Contact a debt relief attorney at our firm for a more detailed discussion regarding the options available to you.
Automatic Stay Attorney
There are two main protections available to individuals suffering through dire financial crises:
- Fair Debt Collection Practices Act: Even before an individual makes the decision to file for bankruptcy, Congress has ensured that creditors follow very strict rules about how debtors are treated. This act details many guidelines that a creditor must follow including when they can call, who they can call and what they can say. Many creditors will attempt to contact you at work, or threaten you with criminal prosecution. These activities are against the law and an experienced attorney can inform you of all of your protections.
- Automatic stay: Once bankruptcy is filed, the automatic stay begins. At this point, all debt collection practices must end. This includes harassing phone calls, garnishments or lawsuits. If a creditor attempts to contact you after you have filed for bankruptcy, simply state the name of your attorney.
Once individuals understand their protections, they often feel an immediate sense of relief. After a detailed and thorough investigation of your finances, our lawyers can provide legal advice about your best course of action.
Ending Creditor Harassment FAQ
Once a creditor or bill collector becomes aware of a filing for bankruptcy protection, it must immediately stop all collection efforts. After you file the bankruptcy petition, the court mails a notice to all the creditors listed in your bankruptcy schedules. This usually takes a couple of weeks. Creditors will also stop calling if you inform them that you filed the bankruptcy petition, and supply them with your case number. In some cases, you or your attorney should contact the creditor immediately upon filing the bankruptcy petition, especially if a lawsuit is pending. If a creditor continues to use collection tactics once informed of the bankruptcy they may be liable for court sanctions and attorney fees for this conduct.
No. As long as you used due diligence to list all known creditors and the debt existed at the time of filing then it will be discharged with the rest of your debt.
Your Debt Relief Lawyers In Virginia
Giving You Peace of Mind — Our attorneys have over 30 years of experience representing clients who are facing extraordinary challenges. Every case is unique, and that’s why you need professional legal counsel to help you decide your next steps. Contact one of our attorneys today to learn more.
J. Thompson Cravens
Joe Cravens is a proud veteran of the United States Army and has practiced in the areas of personal injury, criminal law, domestic relations and military law for over 30 years. He is a life member of the Million Dollar Advocates Forum.View Profile
David Edward Noll
David Noll’s primary focus is working directly with his clients in order to strongly advocate the best possible result. He has been representing Virginians for over two decades in all things civil litigation.View Profile
W. Allan Burns Jr.
Allan Burns is a University of Richmond Law School alum. He excels in the areas of family law, bankruptcy, business law and personal injury.View Profile
Tameka W. Robinson
Senior Associate Attorney
Tameka Robinson is passionate about equal access to justice and juvenile justice issues and taking care of her community. She is engaged in various community service events, cheers for her hometown teams, the Yankees, Giants and the Knicks and loves traveling wherever the road may lead.View Profile
Kent Benninger graduated from Liberty University both undergraduate and Law before moving to Richmond in 2016. He began his career with a focus on Criminal Law.View Profile
Eppa Hunton VI
Eppa Hunton grew up in the Richmond area before falling in love with the Shenandoah Valley while attending Washington & Lee University in Lexington. He now heads Cravens & Noll’s Harrisonburg office and enjoys exploring the natural beauty of the area.View Profile
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