What should I do if creditors violate the automatic stay?

On Behalf of | Aug 6, 2021 | Creditor Harassment |

If you need help improving your finances, you might consider filing for bankruptcy in California. After this happens, creditors must abide by the automatic stay. The automatic stay is a way for you to be temporarily protected from creditors contacting you in their collection efforts. Here is what you can do if creditors violate the automatic stay.

Was the breach on purpose or accidental?

It’s understandable to assume that creditors want nothing more than to inconvenience you. However, that’s not always the case. Sometimes, a creditor doesn’t understand how bankruptcy-related protections work. If this is the case, they’re accidentally violating the automatic stay.

Consider personally notifying creditors

Once you’ve successfully filed for bankruptcy, the court will create a Notice of Filing. This Notice of Filing allows your automatic stay to go into effect immediately. Unfortunately, it can take some time before creditors find out about this notice. However, you can speed up this process by sending out copies of this notice to your creditors. You can also send out these letters with a return receipt to verify that creditors received them.

Keep records of all communications

When you’re dealing with wage garnishments, repossessions, or creditor harassment, it’s important to have records. Sometimes, creditors will know about your bankruptcy and still try to hassle you with collection calls. By keeping records of who’s contacting you and what they’re telling you, it strengthens your case against these creditors.

For some people, filing for bankruptcy is a way to get their finances back on track. During this time, you shouldn’t be at the mercy of creditors breaking the rules by trying to contact you.