Brevard County Creditor Harassment Lawyer

Helping Clients Fight Back Against Harassment from Creditors in Florida 

When you file for bankruptcy, it is important to know that the moment your petition is submitted, an order of stay is put into place to stop creditors from contacting you. Unfortunately, there are a number of unscrupulous collection agencies out there that do not adhere to this order and still attempt to collect on the debt during the bankruptcy process.

Understanding Creditor Harassment During Bankruptcy

A creditor is harassing you when they:

• Call at inappropriate hours
• Call you at your work
• Call family members to get ahold of you
• Use vulgar language
• Use threats in order to get you to pay

Call Buchalter & Pelphrey Attorneys At Law today at (321) 320-6088 or contact us online to schedule a consultation with our creditor harassment attorney in Brevard County.

At Buchalter & Pelphrey Attorneys At Law, our Brevard County bankruptcy attorneys understand the automatic stay order and can help prove that a creditor is harassing you. This could potentially allow you to take legal action against the creditor. We will explain your options during your free consultation and help you understand what action can be taken on your behalf. You are protected by law during the bankruptcy process, and you shouldn’t have to deal with collectors who don’t want to follow the regulations set forth.

What Is the Automatic Stay in Bankruptcy?

The automatic stay is one of the most powerful protections provided by bankruptcy law. Once you file for bankruptcy, the court issues an immediate order known as the "automatic stay," which halts almost all creditor actions against you.

How It Protects You:

• Stops Collection Calls: Creditors and debt collectors can no longer contact you to demand payment.
• Prevents Lawsuits: If you are being sued for unpaid debts, the automatic stay stops any ongoing or future lawsuits.
• Stops Wage Garnishments: Any existing garnishments taken directly from your paycheck will be halted.
• Halts Foreclosure: If you are at risk of losing your home due to foreclosure, the automatic stay temporarily stops foreclosure proceedings.

Examples of Actions That Are Prohibited:

• Phone Calls: Creditors are forbidden from calling you, even if you owe money.
• Lawsuits: No new lawsuits or collection actions can be filed against you.
• Wage Garnishments: Creditors can no longer garnish your wages.
• Foreclosure: The bank cannot proceed with foreclosure during bankruptcy.

Legal Actions Against Creditors Who Violate the Automatic Stay

Unfortunately, some creditors may try to bypass the automatic stay. If this happens, it’s essential to know your rights and take action. 

Steps You Can Take:

• Report Violations: Notify your bankruptcy attorney if a creditor violates the automatic stay.
• File a Complaint: You can file a motion with the bankruptcy court to hold the creditor in contempt for violating the stay.
• Request Damages: In some cases, you may be able to claim damages from the creditor for the violation.

Potential Legal Consequences for Creditors:

• Sanctions: Creditors who violate the automatic stay can face court sanctions, including fines.
• Compensation for Harassment: You may be entitled to compensation for emotional distress or financial damages caused by the creditor’s actions.

How an Attorney Can Help:

• File Complaints: Your attorney can help you file a formal complaint against a creditor who violates the automatic stay.
• Protect Your Rights: An attorney will ensure your rights are upheld throughout the bankruptcy process.

How Bankruptcy Can Stop Debt Collection Practices

Filing for bankruptcy can be a major relief if you’re dealing with aggressive debt collectors.

How Bankruptcy Stops Debt Collection:

• Lawsuits: Bankruptcy halts ongoing lawsuits related to unpaid debts.
• Wage Garnishments: Any existing garnishments from your paycheck will stop.
• Repossession: Bankruptcy can prevent the repossession of your vehicle or other property.
• Foreclosure: Filing for bankruptcy can temporarily stop foreclosure, giving you time to catch up on payments or negotiate with your lender.

The Relief of Bankruptcy:

• Bankruptcy provides immediate relief from relentless collection efforts, allowing you to focus on rebuilding your financial life.
• With the harassment and stress stopped, you can create a fresh financial start and work towards a debt-free future.

How Creditor Harassment Affects Your Well-Being

Constant creditor calls and threats can take a heavy toll on your emotional and psychological well-being.

The Emotional Impact:

• Stress and Anxiety: Dealing with constant calls and letters can lead to anxiety, stress, and feelings of hopelessness.
• Relationship Strain: Creditor harassment can also strain your relationships with family and friends as collectors may contact them for payment information.

How Bankruptcy Provides Peace of Mind:

• Filing for bankruptcy offers peace of mind by stopping creditor harassment and giving you the chance to regain control of your finances.
• With the automatic stay in place, you can focus on financial recovery without the constant pressure of collectors.

The Importance of Legal Help:

• If you’re experiencing harassment during bankruptcy, having an experienced attorney by your side is crucial. They can help protect your rights and guide you through the process to ensure creditors comply with the law.

Frequently Asked Questions About Creditor Harassment and Bankruptcy

• Can creditors contact me after I file for bankruptcy?
  No. Once you file for bankruptcy, the automatic stay goes into effect, preventing creditors from contacting you. Any further communication or collection attempts are prohibited by law.
• What should I do if a creditor contacts me after I file for bankruptcy?
  If a creditor contacts you after your bankruptcy filing, you should inform them of your filing and immediately contact your bankruptcy attorney. Your attorney can help address the violation and take appropriate legal action.
• Does the automatic stay apply to all creditors?
  Yes, the automatic stay applies to almost all creditors, including credit card companies, medical providers, and even mortgage lenders. However, there are some exceptions, such as certain types of debts like child support or alimony.
• How long does the automatic stay last?
  The automatic stay lasts for the duration of the bankruptcy case. If your case is successful, the protection may extend until your debts are discharged, giving you relief from creditor actions.
• Can creditors still take legal action if I am behind on child support or taxes?
  No, the automatic stay will not stop certain legal actions, such as those related to child support, alimony, or taxes. However, bankruptcy may help manage or discharge some types of tax debt, depending on your case.
• Can I file a lawsuit against creditors who violate the automatic stay?
  Yes, if a creditor continues to harass you after the automatic stay is in place, you can file a motion with the court to hold the creditor in contempt. You may also be able to recover damages for any harm caused by their actions.
• Will bankruptcy stop collection efforts for medical debt?
  Yes, filing for bankruptcy will stop all collection efforts, including for medical bills, once the automatic stay is in place. This can offer significant relief if you are overwhelmed by medical debt.

Defend Your Rights Against Aggressive Collectors

Backed by thousands of cases handled and more than 50 years of combined experience, our team at Buchalter & Pelphrey is here to help you fight back against creditors and collection agencies. You can count on us to provide you with the representation you need to uphold your rights during the bankruptcy process. From start to finish, we will be right by your side, guiding you through bankruptcy and explaining your options. You can trust that we prioritize your best interests every step of the way so you can live free of debt and creditor harassment. 

Contact Buchalter & Pelphrey Attorneys At Law today to get started with our Brevard County creditor harassment lawyer.