Stop Creditor Harassment With Bankruptcy

If you are struggling with debt, you have likely heard from your creditors – and heard from them often. One of the most stressful parts of being in debt is creditor harassment: the constant phone calls and letters from debt collectors warning you of wage garnishment, car repossession and other debt collection activities.

Bankruptcy makes creditor harassment stop. By filing for Chapter 7 or Chapter 13 bankruptcy, you can stop your creditors from taking legal action against you and from even contacting you at all.

The attorneys at The Law Office of Geoffrey A. Planer in Gastonia are here to get creditors off your back and make bankruptcy law work for you.

What Does Bankruptcy Stop?

As soon as you file your bankruptcy petition, a legal injunction called the automatic stay goes into effect. The automatic stay legally bars your creditors from taking action against you, including:

• Harassing phone calls
• Threatening letters
• Home foreclosure
• Wage garnishment
• Car repossession
• Lawsuits, liens and levies

Bankruptcy is not right for everyone, but if creditors are making your life miserable, it might be the best option to make the harassment stop.

What You Need To Know About Debt Collector Harassment In North Carolina

Debt collection calls and letters can make an already difficult financial situation even harder. Federal and North Carolina laws protect you from certain collection practices and give you options when a debt collector crosses the line.

Can I legally stop debt collectors from calling me in North Carolina?

Yes. Under the federal Fair Debt Collection Practices Act (FDCPA), you can send a covered debt collector a written request to stop contacting you. The collector must generally stop, with limited exceptions, such as notifying you of specific legal steps it may take. This right does not apply to every creditor, including many original creditors. Filing for bankruptcy generally stops most collection calls and actions, though exceptions apply. Neither option erases your debt or guarantees that a creditor cannot sue you.

How does North Carolina law protect me from illegal debt collector harassment before I file bankruptcy?

North Carolina and federal law prohibit certain abusive debt collection practices. For example, collectors cannot use threats, lie about what you owe or threaten legal action they cannot take. Federal law also bars repeated calls intended to harass you. If a collector crosses the line, save letters, messages and call records. You can report the conduct to the appropriate agency or ask an attorney whether you have grounds to sue. The protections available to you depend on the collector’s conduct and the law that applies.

Can I sue a debt collector for harassment in North Carolina?

Yes, if the collector violates a law that protects you from abusive collection practices. Your options depend on what the collector did and what evidence you have. Federal law may allow you to recover damages and attorney fees in qualifying cases. North Carolina law may also provide remedies for certain violations. Keep call logs, letters, texts and voicemails that show what happened. An attorney can review the evidence, explain your options and help you meet any filing deadlines.

You do not have to handle the pressure caused by debt collection alone. The Law Office of Geoffrey A. Planer can help you understand your rights and decide whether bankruptcy or another legal option makes sense for your situation.

Let Your Bankruptcy Lawyer Handle The Creditors

When you file for bankruptcy, your creditors no longer communicate with you directly – they do so through your attorney. We are here to take this burden off your shoulders. To reach our Gastonia law offices, call us at 704-885-1062 or contact us online. We offer free consultations for bankruptcy clients and apply a nominal consultation fee in all other matters to any work we provide for you.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.