As if the debt itself was not stressful enough, people who owe money are often plagued by creditors who will not stop calling and threatening. While creditors have certain rights, many of the steps they take to collect what they are owed fall outside of what is allowed by the Fair Debt Collection Practices Act
. For example, creditors cannot use obscene language, threaten to hurt you or put you behind bars, or make disturbing calls to your workplace. The problem with the FDCPA is that it requires legal action to enforce it and it will not stop legal collection efforts such as lawsuits and judgment liens.
There is one certain way to stop creditor harassment and collections: bankruptcy
. At the law firm of Hickson Law, PC, our attorney helps people in Austin and throughout Texas put an end to the phone calls and threats with the help of Chapter 7 bankruptcy and Chapter 13 bankruptcy.
Our Attorney is among the few who has earned the title of Consumer Bankruptcy Certified Attorney by the Texas Board of Legal Specialization. This is considered a mark of excellence, your proof that you are in good hands.
As soon as bankruptcy is filed, an automatic stay takes effect. The automatic stay requires that creditors must stop all collection actions against you. That includes the harassing phone calls and threats of foreclosure
, repossession and garnishment
While creditors receive a systematic notice of the automatic stay within a week of a bankruptcy filing, we take it upon ourselves to personally notify the most aggressive creditors so that they will stop contacting you immediately. Any collection actions that continue after the automatic stay takes effect are sanctionable under the bankruptcy law.